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(영문) 서울고등법원 2018.06.29 2018나2009782
손해배상(기)
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

In the first instance trial, the Plaintiff filed a claim against the Defendants and Co-Defendant A, Co-Defendant A, and B of the first instance trial for the damages arising from the delivery of each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”), ② the damages arising from the illegal occupation of each of the instant real estate, ③ the defective construction of each of the instant real estate, and the neglect of management.

The first instance court, among the plaintiff's claims against the defendants, accepted the plaintiff's claim for delivery of each of the real estate of this case, ② the claim for damages caused by illegal possession, ③ the claim for damages caused by defective construction works and negligence in management of each of the real estate of this case, and dismissed the plaintiff's claim against A and B in its entirety.

Therefore, since only the Defendants appealed against the part of the judgment of the court of first instance against the Defendants, the subject matter of the judgment of this court is limited to ① the Plaintiff’s claim against the Defendants, and ② the claim for delivery of each of the instant real estate, and ② the claim for damages caused by

On February 20, 2014, the Plaintiff’s decision to voluntarily commence the auction (hereinafter “instant auction procedure”) on February 20, 2014 regarding each of the instant real estate, which was owned by S&A Co., Ltd. (hereinafter “S&A”), the Plaintiff’s acquisition of ownership of each of the instant real estate, was completed, and the entry of the decision on voluntary commencement of auction was completed on the same day.

In the instant auction procedure, the Plaintiff received the decision to permit the sale on August 11, 2015, and acquired the ownership of each of the instant real estate by fully paying the purchase price on September 22, 2015.

From November 2013, Defendant D, who occupied each of the instant real estate by the Defendants, jointly occupied each of the instant real estate from around December 2013 to December 2013.

【In the absence of dispute, entry and pleading of Gap's 1 through 4, 8, 11, 27 evidence, Eul's 1, 3 through 6 (including numbers; hereinafter the same shall apply).

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