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(영문) 의정부지방법원 2019.08.13 2018나216934
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the Plaintiff corresponding to the following additional payment order shall be revoked.

Reasons

1. Basic facts

A. Defendant B was notified by the F Housing Redevelopment Association that he could pay compensation, such as moving expenses to remove containers, etc. on the ground of the instant land, while he leased and used the Plaintiff’s land Guri-si E (hereinafter “instant land”).

B. On July 2, 2017, Defendant B instructed Defendant C to remove two containers, various tools, etc. owned by the Plaintiff on the ground of the instant land. Accordingly, Defendant C instructed Defendant C to enter the instant land into the instant land and let the proprietor on the water surface load the said goods on the instant land.

C. On July 3, 2017, Defendant B instructed Defendant C to remove one container owned by the Plaintiff on the instant land. Accordingly, Defendant C had the container dealer enter the instant land, and then had the container dealer carry one container on the cargo vehicle. D.

Defendant B’s District Court on March 5, 2018, above B:

C. A summary order of KRW 1 million was issued for the crime of larceny based on the facts stated in the port, and the above summary order was finalized around that time.

[Ground of recognition] Evidence No. 1-1, 2, Gap evidence No. 2, 3, 4, and 11-2, the purport of the whole pleadings

2. Occurrence of liability for damages;

A. According to the above facts of determination as to the cause of the claim, the Defendants jointly stolen three containers and various tools owned by the Plaintiff (hereinafter “the instant theft”). Thus, barring any special circumstance, the Defendants are jointly obligated to compensate the Plaintiff for the amount of damages equivalent to the market price of the instant stolen goods.

B. The Defendants’ assertion regarding the Defendants were either transferred the said three containers and the ownership of various construction sections from the Plaintiff through the public auction procedure for the instant land, or the Plaintiff renounced their ownership.

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