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(영문) 서울고등법원 2018.11.09 2018나2010997
손해배상(기)
Text

1. The part of the judgment of the court of first instance against the defendant shall be revoked.

2. The plaintiff's claim corresponding to the above revocation part.

Reasons

1. The reasoning of the judgment by the court is as stated in Paragraph 1 of Article 420 of the Civil Procedure Act, except in the following cases:

The third to fifth to fifth of the judgment of the court of first instance shall be followed as follows.

“C. The Defendant shall transfer some of the obstacles in the process of the above administrative vicarious execution to the reservation place in the instant project district, and the rest of the munitions, etc. shall be H (hereinafter “H”) located in G in Namju-si.

) It seems that the situation of the 20 feet container transferred to another 10 m20 feet container and the remaining 20 feet container are 6,058m high, 2,438m high, 2,591m high, and 90m high. The 90 container stored in the 90 container (hereinafter “instant munitions”).

) On the 3rd page 9 and 13 of the first instance judgment of "the instant munitions, etc." all of the instant munitions as "the instant munitions, etc.".

On the 3rd page of the first instance judgment, “The Defendant assessed (after the first instance judgment)” was added to “The appraised Price of the munitions seized in the auction procedure conducted with respect to the instant munitions (hereinafter “instant auction”) was assessed to KRW 73,930,000.”

2. Determination

A. The Plaintiff’s assertion (1) At least 600 tons of the weight of the instant munitions that the Defendant transferred to H and stored in the container, but the Defendant subsequently conducted an appraisal only for about 56 tons by manipulating the quantity, etc. of the instant munitions during the seizure and auction process, and subsequently disposed of or discarded the remainder 544 tons at will.

Even if the weight of the munitions of this case was about 156 tons like the Defendant’s assertion, the Defendant, by manipulating the quantity, etc. of the munitions of this case, arbitrarily disposes of 100 tons of the remaining 10 tons after being awarded a successful bid.

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