beta
Text
1. Of the judgment of the court of first instance, the part against the defendant in excess of the money ordered to be paid below shall be cancelled.
Reasons
1. The following facts do not conflict between the parties, or each entry in Gap evidence 8 and Eul evidence 1 may be admitted by taking into account the whole purport of the pleadings:
On July 29, 2013, concerning D apartment 201 Dong 1602 (hereinafter “instant apartment”) owned by the Defendant, on July 29, 2013, D apartment 201, and 1602 (hereinafter “instant apartment”). The Plaintiff was awarded a successful bid for the instant apartment at the instant auction procedure on April 16, 2014, and completed the registration of ownership transfer in the name of the Plaintiff with respect to the instant apartment on the same day.
B. On April 17, 2014, the Plaintiff filed an application against the Defendant for a delivery order of real estate with Suwon District Court Sungnam Branch F, and received a decision from the above court to deliver real estate regarding the instant apartment, and completed the delivery execution of the instant apartment on July 15, 2014, based on the above delivery order.
2. Determination
A. The Plaintiff, as to the determination of the claim for damages due to the removal of air conditioners, stated that the Defendant was installed in the ceiling of the apartment complex of this case, four air conditioners in five air conditioners, which correspond to the apartment complex of this case. However, in full view of the purport of the arguments in the evidence Nos. 2 and Nos. 3, it appears that five errors are written in writing.
(1) The Plaintiff illegally removed and removed the above five air conditioners (hereinafter referred to as “instant air conditioners”) and caused the Plaintiff to cover KRW 5,000,000 for the purchase cost of five air conditioners, KRW 1,400,000 for air conditioners installation cost, KRW 1,400,000 for water conditioners, KRW 100,000 for water conditioners work cost, KRW 100,000 for water conditioners, and KRW 100,000 for water conditioners work cost, and KRW 7,50,000 for water conditioners. As such, the Defendant incurred damages equivalent to KRW 7,50,000 for the Plaintiff’s total damages due to tort, and the Defendant paid KRW 7,500,000 for compensation for damages.