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(영문) 대전지방법원 2015.12.15 2015가단13864
손해배상
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Facts of recognition;

A. On July 2, 2010, the Plaintiff leased 3,141 square meters of the F farm site in Chungcheongnam-gun, Chungcheongnam-do (hereinafter “the instant land”) and buildings on its ground from E and Defendant B, and operated the instant land on its own.

B. Defendant B filed a lawsuit against the Plaintiff seeking the removal of obstacles and the delivery of land on the instant land by the Daejeon District Court 2014Gadan9837, and the said lawsuit was enforced adjustment against the Plaintiff to deliver the instant land to Defendant B.

C. Notwithstanding such compulsory adjustment as above, the Plaintiff did not deliver the instant land, and Defendant B delegated the execution of the delivery of real estate to Defendant D, who is an execution officer of the Daejeon District Court, by 2014No. 6023.

From February 16, 2015 to the next day, Defendant D carried out the execution of delivery of the instant land (hereinafter “instant execution”). At the same time, Defendant C participated in the execution as an obligee’s agent at the present site. At the time of the enforcement of the instant execution, the instant land was stockpiled by various kinds of objects, such as scrap metal, waste vinyl, plastic, bottles, glass, wood, wood, and antiquar collected by the Plaintiff (hereinafter “instant scrap”).

E. The first day of the execution was made by Defendant D, while the Plaintiff did not attend, stored the items listed in the annexed Table 1 in Defendant C, divided the quantity of 5 tons truck into three wastes, and disposed of them. The second day, according to the Plaintiff’s attendance, the items listed in the annexed Table 2 was handed over to the Plaintiff, the remaining 5 tons truck was classified into four solids as wastes, and the execution was completed after treating them.

[Reasons for Recognition] Facts without dispute, Gap 1 to 3 evidence, Eul 2 to 5 evidence, the purport of the whole pleadings

2. Determination as to the cause of claim

A. The Plaintiff’s assertion that Defendant D did not destroy the Plaintiff’s scrap owned by the Plaintiff, whose enforcement title does not extend to the enforcement of the instant case.

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