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(영문) 수원지방법원성남지원 2019.06.04 2018가단228928
손해배상(기)
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. Basic facts

A. The Plaintiff is a person who uses and benefits from a household building (hereinafter “instant household building”) which was constructed on the land D and E in Seongbuk-gu, Sungnam-si, and Defendant B is the owner of the said D land (hereinafter “instant land”) around January 25, 2015, and Defendant C is a person who agreed with Defendant B to construct and sell a main complex commercial building on the instant land and distribute the proceeds therefrom.

B. On January 25, 2015, Defendant C removed the instant building without the Plaintiff’s consent. On August 24, 2015, Defendant C received a summary order of KRW 2 million (No. 200,000,000,000 from the Sungwon District Court’s Sungnam Branch Branch Branch Branch for the crime of causing property damage (hereinafter “instant crime”).

C. On September 17, 2015, Defendant C filed an application for formal trial with respect to the above summary order, but withdrawn it on October 20, 2015 (No. 2015 high-level 1001), and the above summary order became final and conclusive as it is.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 (including branch numbers, hereinafter the same shall apply) through Gap evidence, the purport of the whole pleadings

2. The plaintiff's assertion

A. The Defendants removed the instant building without permission in order to construct and sell the main complex shopping complex on the instant land.

B. The Defendants’ aforementioned unauthorized removal causes direct damage to KRW 10,00,00,00 in the market price of the household building, KRW 120,000,00 in the price of the household building, KRW 2,500,000 in the electric heat equipment equivalent to KRW 1,100,00 in the household building, KRW 1,60,000 in the column of column 1,100,000 in the six group of column 1,100,000 in the half group of column 1,100,000 in the half group of column 1,100,000 in the half group of column 1,10,000 in the half group of column 1,100,00 in the part of the household building, and KRW 1,29,00 in the part of the Defendants’ unauthorized removal, and thus, the Defendants are jointly and severally liable to compensate the said mental damage to the Plaintiff.

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