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(영문) 울산지방법원 2017.08.29 2016가단25088
손해배상(기)
Text

1. The Defendants: (a) as to each of the Plaintiff KRW 7,00,000; and (b) as to Defendant C, as from December 21, 2016; and (c) Defendant B, as of February 2017.

Reasons

1. Facts of recognition;

A. The Defendants are co-owners of the land in Ulsan-gu, Ulsan-gu, and the Plaintiff is the owner of an unauthorized building on the said land (hereinafter “instant building”).

B. The Plaintiff and the Defendants were dissatisfied with the issue of the expansion or remodeling of the instant building. The Defendants were issued a summary order of KRW 1 million for each of the following criminal facts by this Court on October 1, 2015.

(2015 Highest 11327). The above summary order became final and conclusive around that time.

The defendants are co-owners of Ulsan-gu D land in Ulsan-gu.

The Plaintiff leased the instant land from E (WW 25,000 won a month) to the Defendants’ 30 years ago, and did not pay the monthly rent after the Plaintiff died of E while living for the instant building (30 square meters a month) without permission.

Since 2-3 years ago, while the Plaintiff was in a hospital care relationship, he had the wife G of F and F to live without compensation.

On March 13, 2015, the Defendants jointly destroyed the instant building and damaged the property in an amount equivalent to the market value by jointly using the door and the window of the string building, which was extended to approximately 10 square meters without permission, on the grounds that the construction of the building could not be removed if the people live in the building by reporting the inside repair of the building to reside in the building in Ulsan-gu, Ulsan-gu, and by expanding the building without permission, the construction of the building cannot be demolished and exercising property rights.

[Ground of recognition] Unsatisfy, Gap evidence No. 1, and the purport before oral argument

2. The assertion and judgment

A. According to the facts of recognition as above, the defendants jointly destroyed the building of this case owned by the plaintiff and committed a tort. The defendants are liable for damages to each plaintiff.

The defendants paid the difference for 3 and 4 years to the plaintiff, but later failed to pay the difference. E, the defendants or the defendants put the difference to E.

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