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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
Basic Facts
The plaintiff is the hanok Building Business Operator, and the defendant B is the representative director of the D Co., Ltd. (hereinafter referred to as "D") who conducts the raw timber sanction business, and the defendant C is the person who entered into a timber processing contract with D.
On March 3, 2015, the Plaintiff received a contract for construction works for non-commercial building from E companies located in Bocheon-si, and ordered processed timber of an amount equivalent to KRW 1.6 million in D on March 31, 2015, and paid KRW 30 million as part of the price.
D requested Defendant C to process part of timber ordered by the Plaintiff, and Defendant C processed timber and supplied it to D.
(2) On April 1, 2015, the Plaintiff filed a request for the storage of the instant timber with Defendant B, when the construction was temporarily interrupted at the request of E company, and the Defendants sold the instant timber owned by the Plaintiff to a third party without the Plaintiff’s permission. The Defendants sold the instant timber to the third party without the Plaintiff’s permission.
This constitutes a tort that infringes upon the Plaintiff’s ownership. The Defendants jointly pay to the Plaintiff KRW 30 million, which is equivalent to the market price of the timber of this case, and its delay damages.
Defendant B’s assertion of the judgment of the Defendants as to this safety resistance is not Defendant B but Defendant B, and thus, Defendant B asserts that the instant lawsuit against Defendant B is unlawful.
Defendant C asserts that the instant lawsuit against Defendant C is unlawful, since the conclusion of the agreement with the Plaintiff on the supply of processed timber is D, and Defendant C did not request a wood processing from the Plaintiff.
Judgment
In the lawsuit of performance, the plaintiff's assertion itself is the existence of the standing to be a party, and the original defendant does not need to be the actual right holder or the duty holder.