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(영문) 부산지방법원 2017.09.15 2017나40709

손해배상(기)

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The assertion and judgment

A. The Plaintiff’s assertion 1) The Plaintiff is the Plaintiff’s co-owned land located in the development restriction zone in Busan, Daegu, Busan, and 2,962 square meters (hereinafter “instant co-owned land”).

(2) Of the co-owners, the Defendant owned 496/296 of shares of the above co-owned land, and the Defendant owned 494/2962 of shares of the above co-owned land. (2) The Defendant extended the term of lease to Non-Party D Co., Ltd. (hereinafter “Non-Party D”) on May 10, 201 without permission of co-owners.

3) Accordingly, the Plaintiff was unable to recover the co-owned land of this case from the non-party company. As such, the Plaintiff suffered damages from the charge for compelling the performance of co-owned land of this case imposed KRW 8,373,00 on the non-party company and paid it. Accordingly, the Defendant is obliged to pay the Plaintiff the above KRW 8,373,00 and delay damages.

B. The evidence submitted by the Plaintiff alone is difficult to view that the Defendant entered into a lease contract extending the lease term with the non-party company without the consent of the majority right holders of the co-owned land of this case, and there is no other evidence to acknowledge it.

Even if the defendant, without the consent of majority of right holders, prepared a lease contract extending the lease period.

Even if there is no causal relationship between the defendant's act of preparing a lease agreement and the imposition of the charge for compelling the plaintiff's performance.

2. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit. The judgment of the court of first instance is just and the plaintiff's appeal is dismissed as it is without merit.