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(영문) 서울북부지방법원 2016.08.23 2015나4779
손해배상
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

2. The costs of appeal shall be borne by the Plaintiff.

purport, purport, and.

Reasons

1. Basic facts

A. On October 2013, the Plaintiff brought about a container owned by the Plaintiff on approximately four square meters among KRW 143 square meters (hereinafter “instant land”) among the part of KRW 143 square meters (hereinafter “instant land”) owned by Defendant B and paid KRW 700,000 to Defendant B as a result of the contract period between Defendant B and Defendant B.

B. Defendant B entered into a sales contract with Defendant C on April 15, 2014 with respect to the instant land, and completed the registration of ownership transfer on April 18, 2014.

C. Since then, Defendant B demanded the Plaintiff to move the instant container on the ground that the instant land was sold and sold, but the Plaintiff did not comply with the request on the ground that the contract period remains.

On July 2014, the Plaintiff visited the instant land in order to examine the instant container. At the time, the instant container was moved from the place where it was destroyed to approximately 150 meters away from the place where it was permanently left.

[Ground of recognition] Facts without dispute, Gap evidence 1, 3, Eul evidence 1 and images, Gap evidence 2, 5, 13 and the purport of the whole pleadings

2. The plaintiff's assertion

A. On October 26, 2013, the Plaintiff deposited the Plaintiff’s container in the part corresponding to approximately 4 square meters out of the instant land by setting a deposit period of one year and 700,000 won per annum with Defendant B. Since Defendant B’s failure to perform his/her duty of due care as a good manager, the instant container, which is the deposited article, and the kimchi cooling house, which was kept inside the container, and the chip seed and the container of this case, and the Plaintiff’s Obba, which was kept adjacent to the instant container, damaged, Defendant B is liable to compensate the Plaintiff for damages due to the said nonperformance.

B. In addition, the Defendants concluded a sales contract for the instant land, and subsequently, assigned E as the custodian, or arbitrarily moved the instant container along with E, and do so.

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