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(영문) 부산지방법원동부지원 2019.06.05 2016가합101401
용역비
Text

1. The Plaintiff, Defendant D, and Defendant C, jointly and severally with Defendant D, KRW 40,397,390, and each of the above amounts.

Reasons

1. Facts of recognition;

A. B (the deceased on March 31, 2018, hereinafter “the deceased”) completed the registration of ownership transfer on October 25, 1997 with respect to the building on the ground of sale on October 14, 1997, Ulsan-gun E-gun, Ulsan-gun, Ulsan-do (hereinafter “instant land”). Defendant D completed the registration of ownership transfer on August 20, 198 with respect to the building on the ground of the instant land (hereinafter “instant building”).

B. Around February 22, 2013, the Deceased and Defendant D entered into a service agreement with the Plaintiff on the condition that the Plaintiff removed the instant building, and that the Plaintiff has the right to collect the instant trees, which are materials for the instant building (hereinafter “instant trees”) at the cost of services (hereinafter “instant service agreement”).

C. From February 2013 to May 2013, the Plaintiff removed the instant building in accordance with the instant service contract, and dismantled the instant trees and loaded them on the ground of the instant land.

On June 12, 2014, Defendant C posted on the Internet F.G. C’s Internet F.C., “I want to be dried.” The area is the J. and I wish to be dried. The area is the P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P., P. P. P. P. P. P. P. P. P.P., I would like to be able to be dried.

[Ground of recognition] Facts without dispute, Gap 4, Gap 7-1 through 37, Eul 1, 2, 3, 12, Eul 13-1 through 5, Eul 14-1 through 8, the purport of the whole pleadings and arguments

2. The Plaintiff asserted that the Plaintiff fulfilled his duty to remove the instant building in accordance with the instant service contract.

However, the Defendant disposed of the instant trees to other persons without the Plaintiff’s consent, and thus, the Defendants’ instant case.

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