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(영문) 수원지방법원여주지원 2016.03.22 2015가단20799

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The plaintiff's assertion

A. The Plaintiff is a person who leases a 7685m2, D road 81m2, and forest land E 662m2 (hereinafter “each land of this case”) from the Defendant in the Innju-si. The Plaintiff is a person operating a camping site.

B. Although the Defendant was obligated to allow the Plaintiff to use and benefit from each of the instant land, the Defendant failed to pay interest on loans with respect to bank loans that provided each of the instant land as collateral at a time, and thereby, had the auction (F) of each of the instant land conducted.

C. If the Plaintiff is unable to operate a camping site any longer due to the transfer of the ownership of each of the instant lands to a third party due to the above auction procedure, the Defendant is obligated to compensate the Plaintiff for damages of KRW 100 million, which is part of the costs invested by the Plaintiff for camping project on the ground that the Plaintiff failed to perform his/her duty to allow the Plaintiff to use and benefit from each

Therefore, 10 million won is claimed against the defendant.

2. As to whether the above auction procedure violated the obligation of the Defendant to allow the Plaintiff to use and benefit from each of the land of this case, and whether the damage to the Plaintiff occurred, there is no evidence to acknowledge it.

(1) The Plaintiff’s assertion is without merit. (3) The Plaintiff’s assertion is without merit, in the preparatory document dated October 12, 2015, that the Defendant did not violate the obligation to allow the Plaintiff to use and benefit from each of the instant land.

Thus, the plaintiff's claim of this case is dismissed as it is without merit.