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(영문) 부산지방법원동부지원 2014.10.16 2013가단24155
손해배상(기)
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. The plaintiff's assertion is a company that executed and constructed J apartment located in the Busan Metropolitan City captain-gun I (hereinafter "the apartment of this case"). The defendants are occupying the apartment of this case without the plaintiff's consent.

The Plaintiff filed a lawsuit against Defendant B, C, E, and G regarding the instant apartment, and in the foregoing case, the decision of compulsory adjustment was finalized to the effect that “the said Defendants shall deliver the instant apartment to the Plaintiff.”

Accordingly, the Plaintiff intended to execute the execution for the delivery of the instant apartment by obtaining an executory exemplification of the executory decision on compulsory adjustment against the said Defendants, but the Defendants obstructed legitimate execution, such as blocking and completing the entrance door of the instant apartment, and eventually became impossible.

Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff the sum of KRW 35,200,000,000 paid by the Plaintiff for the above execution as follows:

- 13,200,000 won (including value added tax) (1) per 50 facility security personnel expenses of 10,000,000 personnel expenses of 50 facility security personnel (x 50,000 won) (200,000 won for food and transportation expenses of 1,000,000 won for above facility security personnel and 1,000,000 won for transportation expenses of 30,000 - 22,00,000,000 won for 30,000,000 won for storage expenses of 102,304,404,604, 802, 803,105, 1006, 1006, 100, 100, 100, 100, 40, 00, 10,00, 18,20, 10,200, 4,20, 00,1,1 of storage equipment

2. The number of evidence Nos. 1, 2, and 6 is determined.

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