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(영문) 서울동부지방법원 2016.11.09 2015가단134529
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The plaintiffs' assertion

A. On December 31, 2012, Plaintiff A leased 100 square meters from the clan C’s land in Hanam-si.

B. From around 2013, the Defendant occupied the leased portion of Plaintiff A without permission, and acquired 6,000,000 rent by leasing that portion to a third party.

C. In addition, the Defendant arbitrarily disposed of the Plaintiffs’ building materials, etc. in the leased portion of Plaintiff A, and acquired KRW 37,690,000 in return therefor.

Therefore, the defendant is obligated to pay the above KRW 6,00,000 to the plaintiff A, and the above KRW 37,690,000 to the plaintiff Samju Industries.

2. In full view of the overall purport of the pleadings as to the statement No. 1, the judgment of the court below: (a) it is acknowledged that Plaintiff A leased 100 of the land D from clan C on December 31, 2012 from the clan C on December 31, 2012; (b) however, the evidence submitted by the Plaintiffs alone occupied Plaintiff A’s leased portion without permission.

It is insufficient to recognize that the defendant arbitrarily disposed of the plaintiffs' building materials, etc., and there is no other evidence to acknowledge it, so the above assertion by the plaintiffs is without merit.

3. In conclusion, the plaintiffs' claims are dismissed in entirety as it is without merit. It is so decided as per Disposition.

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