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(영문) 수원지방법원 안양지원 2018.02.08 2016가단6482
손해배상(기)
Text

1. The Defendants amounting to KRW 20,000,000 for each Plaintiff and KRW 15% per annum from May 13, 2016 to the date of full payment.

Reasons

1. Facts of recognition;

A. A. Around September 30, 2009, the Plaintiff’s husband, acquired ownership by means of a voluntary auction procedure with a size of 167.4 square meters, G heading 446.4 square meters, H heading 223.2 square meters (hereinafter “instant real estate”).

B. D, in the instant real estate used as a private letter or facility, all of the equipment, such as the existing artificial park facilities, floor, walls, pipes, tampers, and urban gas boiler, were separated.

C. The instant real estate had been carried out again, and the Plaintiff acquired ownership in the said compulsory auction procedure on May 14, 2013.

(Cheongju District Court I, hereinafter “Prior Auction Procedure”). D.

In the preceding auction procedure of this case, the instant real estate was appraised in 45,00,000 won for machinery and equipment, such as 585,000,000 won for the instant real estate and urban gas boiler, respectively.

E. On August 13, 2015, the instant real estate was re-auctioned (Cheongju District Court J, hereinafter “instant voluntary auction procedure”) and the Defendants acquired 1/2 shares of co-ownership of the instant real estate in the said voluntary auction procedure.

F. In the above voluntary auction procedure (Cheongju District Court J), the instant real estate was appraised as KRW 574,00,000.

[Reasons for Recognition] Uncontentious Facts, Gap evidence Nos. 1 through 10, Eul evidence Nos. 1 through 13, K, management office, L Appraisal Corporation's response to each fact-finding and the purport of the whole pleadings

2. The parties' assertion that the plaintiff was entitled to appraisal during the voluntary auction procedure in the instant case, and the machinery and equipment (hereinafter "the instant machinery and equipment") were stored in the machinery room of the instant real estate, but the defendants removed and disposed of the instant machinery and equipment without any title, and therefore, the defendants are liable to compensate the plaintiff for damages arising from the tort.

The defendants are the defendants of this case.

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