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1. The Defendants jointly share the Plaintiff Company A with KRW 2,214,410 and the Defendants jointly with regard thereto from February 9, 2019 to June 23, 2020.
Reasons
Basic Facts
The Plaintiff, who acquired the Plaintiff’s ownership of 1917 square meters (hereinafter “instant land”), shall purchase the instant land from F Co., Ltd. on January 18, 2018 for the purpose of newly building and selling a commercial building on the instant land, and complete the registration of ownership transfer on March 5, 2018. Plaintiff B Bank completed the registration of ownership transfer for the instant land from Plaintiff A on the same day.
Around June 1, 2018, Defendant D, the representative director of Defendant C (hereinafter “Defendant C”) caused damage to the property of Defendant D, asserting that the payment of the construction cost was not made by the owner of the transfer of the instant land, and that there was a lien, and destroyed the instant land by destroying the locks of the instant land entrance installed by Plaintiff A and installing other locks. On June 13, 2018, Defendant C, the representative director of Defendant C (hereinafter “Defendant C”), damaged the locks by removing the locks newly installed by Plaintiff A and installing another locks again on the instant land.
In addition, around June 4, 2018, Defendant D damaged the pents by way of expressing the phrase that Defendant D is exercising a lien on the land of this case five times as indicated in the attached list of crimes, such as entering the Plaintiff A’s pents installed on the instant land as a red scke in the red sckes’ (state) lien, etc.
Defendant D was sentenced to a fine of KRW 3 million on October 2, 2019 from the Changwon District Court Msan Branch (2019 High Court Decision 159) to criminal facts committing the above act, and the judgment became final and conclusive as it is.
Plaintiff
On May 25, 2018, Plaintiff B Bank applied for provisional disposition prohibiting entry and interference with business against Defendant C by Changwon District Court 2018Kahap101888, but the said court dismissed the application on July 13, 2018.
Accordingly, Plaintiff B Bank filed an appeal with Busan High Court (Chowon) No. 2018Ra1049, and the above court revoked the first instance judgment on October 18, 2018 and revoked it.