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(영문) 울산지방법원 2015.08.21 2014가단31492
손해배상(기)
Text

1. The plaintiff's claim against the defendants is dismissed.

2. Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. In around 2014, the Plaintiff owned the 36.16 square meters and the 4.8 square meters of a single-story unit on the land in Ulsan-gu, Ulsan-gu, Ulsan-do, as well as the 36.16 square meters of a single-story unit on the ground (hereinafter “the instant 1 house”).

B. Defendant B owned the land of Ulsan-gu E (hereinafter “instant land”) in the vicinity of the said Plaintiff’s housing, sold it to Nonparty F and completed the registration of ownership transfer on June 26, 2014.

On the ground of the instant land, the unauthorized Housing owned by Nonparty G (hereinafter “Second Housing”) was located.

C. On June 2014, Defendant C launched and suspended the removal at the request of Defendant B to remove the instant second house.

At present, the first house of this case is damaged.

[Ground of recognition] Facts without dispute, Gap evidence 1-1-2, Gap evidence 4-1, 2-2, Eul evidence 3-2, and the purport of the whole pleadings

2. The parties' assertion and judgment

A. (1) The Plaintiff’s major assertion (A) the Defendant C attempted to remove the instant 1 house due to confusion with the location of the Plaintiff’s request for removal of the instant 2 house from Defendant B, and suspended the Plaintiff’s claim to the residents’ port.

The above defendant's above acts constitute tort in relation to the plaintiff.

(B) Defendant B, without any title, requested Defendant C, who is not a specialized removal business entity, to remove the instant housing No. 2 owned by G or failed to accurately notify the location of the instant housing No. 2, thereby allowing Defendant C to remove the instant housing No. 1.

The above mistake by the above defendant constitutes not only the gross negligence of the contractor, but also the joint co-insent act of the defendant C.

(C) The Plaintiff suffered damages equivalent to KRW 48,435,00, which is required to restore the first house due to joint tort by the Defendants.

(D) The Defendants are jointly and severally liable for damages to the Plaintiff.

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