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(영문) 서울동부지방법원 2017.01.11 2016가단5420
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendant, around August 6, 2012, acquired from C the building Nos. 102 and C. 301 (hereinafter “each of the instant houses”) to move from C to D, Nam-si, Nam-si, Nam-si, and completed the registration of ownership transfer concerning each of the instant houses, and the Plaintiff, as her husband, was a person who occupied each of the instant houses before the Defendant acquired each of the instant houses with E as her husband.

B. From around 2006, the Plaintiff occupied the above D's mobile underground room and the cdong underground room, and used the E's mobile underground room as manufacturing plant such as a shots engine and massage machine, etc., and the C's underground room as goods storage. In addition, F's possessor under 203 of the above D's moving to the above D's building was also in custody of the child care center goods in the above A's mobile underground room.

C. As above, the Defendant, after completing the registration of ownership transfer for each of the instant houses, attached a public notice demanding the Plaintiff and F to remove goods loaded in each of the above underground rooms, but the Plaintiff and F did not comply with this request, but, from October 3, 2012 to October 3 to 4, 2012, removed the locking system of each of the above underground rooms, removed the locking system, and removed the Plaintiff and the goods owned by F from the outside.

On October 2013, the plaintiff and F filed a complaint against the defendant, C, and G on the charge of residential intrusion, damage to property, etc. As a result, the defendant was issued a summary order of KRW 1,00,000 on the charge of violating the Punishment of Violences, etc. Act (joint residence intrusion) at the Jung-gu District Court (joint residence intrusion) and the above summary order became final and conclusive.

E. Meanwhile, the Plaintiff and F filed a lawsuit against the Defendant seeking compensation for the total sum of the goods in each of the above underground rooms (the Plaintiff’s KRW 92,856,00 and KRW 3,320,000 for the Plaintiff’s KRW 92,856,00) due to property damage caused by the Defendant’s intrusion into each of the above underground rooms, and the goods owned by the Plaintiff and F, which were located in the said underground rooms, due to damage or theft.

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