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(영문) 청주지방법원제천지원 2016.05.25 2015가단20694
손해배상(기)
Text

1. The Plaintiff:

A. Defendant D, B, and Defendant A jointly with Defendant D and B, KRW 1,108,329, out of the above amount.

Reasons

1. Basic facts

A. On February 14, 2012, 2012, AFC Pamp Co., Ltd. (hereinafter referred to as “NC Pamp”) completed the registration of ownership transfer with respect to E-type 853 square meters (hereinafter “instant land”) and neighborhood living facilities with ten floors above the instant building (hereinafter “instant building”). On the same day, the registration of ownership transfer was completed with respect to the bank, Inc. (hereinafter referred to as “Korean bank”) with the maximum debt amount of 3,960,000,000 won.

B. Defendant D and C leased Defendant D and C the second floor of the instant building (the second floor of the instant building was a sectioned building, such as the building listed in paragraph (1) of the attached Table 1; hereinafter “the second floor of the instant building”) from Defendant D, and the third floor (hereinafter “the third floor of the instant building”) from Defendant C, respectively, to operate the medical care center, and Defendant D carried out a test work using the expenses between the second floor of the said building, and Defendant C carried out a test work using the expenses among the third floor of the said building.

C. On April 30, 2013, the Cheongju District Court of the Bank, which is the right to collateral security regarding the instant land and building, issued a decision to commence voluntary auction on the said land and building on April 30, 2013.

The Plaintiff purchased the instant land and buildings in the said voluntary auction procedure, and completed the registration of ownership transfer on December 26, 2014.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3 and 4 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination as to the cause of action

A. The Defendants, as the cause of the claim, conspired to jointly possess the part on the second floor of the instant building and the part on the third floor, are liable to jointly pay 16,265,000 won and damages for delay to the Plaintiff with compensation for damages arising from the tort.

B. Defendant A, C, and D

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