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(영문) 창원지방법원 2017.09.28 2016가단112573
손해배상(기)
Text

1. The Defendants’ respective Plaintiff KRW 28,054,801 as well as 5% per annum from February 3, 2016 to September 28, 2017.

Reasons

1. Facts of recognition;

A. On June 23, 2015, the Plaintiff purchased at KRW 4,316,00,00,000 each of the instant real estate units from the K non-Real Estate Trust Co., Ltd. for seven households, such as C Housing Nos. 101, 102, 103, 103, 103, 201, 104, 201, 105, 303, 103, 401, 103, 103, and 103 (hereinafter “instant real estate”).

B. On February 3, 2016, Defendant B: (a) had the official seal D adjoining to the instant real estate use the said housing by having the entrance and exit between 101 units, 102 units, 201 units, 104 units, 303 units, 103 units, 401 units, 103 units, and 103 units of the instant real estate.

On the other hand, at the time of Defendant B’s above act, the Plaintiff sold 101 Dong 102 among the instant real estate to E.

C. On December 20, 2016, the Plaintiff cut the front section of the entrance door Nos. 201, 104, 303, 103, and used the said real estate again.

[Ground of recognition] Facts without dispute, Gap's entries, Gap's evidence Nos. 2, 3, 8, 10 through 15, 18 through 21 (including paper numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination

A. In light of the following circumstances acknowledged by the statements in Gap evidence Nos. 12 and 15 along with the above facts admitted, the defendant A committed the above illegal acts jointly by the defendant Eul or aided and abetting at least the defendant B's illegal acts.

Therefore, the Defendants jointly damaged the entrance door of 201, 104, 303, 103, 401, 103, and 103, among the instant real property, and committed a tort interfering with the use of the said house. As such, the Defendants are liable to compensate the Plaintiff for damages incurred due to the Plaintiff’s failure to use and profit-making of 201, 104, 303, 103, and 103, among the instant real property as sought by the Plaintiff.

① Defendant A is an executor and a truster of the instant real estate.

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