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(영문) 의정부지방법원 2017.11.23 2017가단109076
손해배상(기)
Text

1. The plaintiff's main claim is dismissed.

2. The Defendant’s KRW 1,600,000 and its relation thereto from March 4, 2017 to the Plaintiff.

Reasons

The plaintiff's assertion as to the plaintiff's primary claim is the owner of each of the above real estate after receiving a successful bid price from each of the real estate listed in the separate sheet. Around January 2016, the defendant, without the plaintiff's consent, formed a stone shed on the land listed in paragraph (11) of the annexed sheet, with 9,618,40 won at the market price of 9,618,40 won (hereinafter "this case stone"). From February 2, 2016 to March 2016, two cattle pens listed in paragraphs 3 and 4 of the annexed sheet (hereinafter "the instant cattle shed") were laid on the roof of 2 cattle sheds listed in the annexed sheet (hereinafter "the instant steel pole"), cut the 8 iron poles (hereinafter "the instant steel pole") to be melted and removed the instant stone shed at a level of 79,98 million won due to the risk that the instant stone will collapse.

Therefore, the defendant is liable for compensating the plaintiff for the damages caused by the above theft. Thus, the plaintiff is obligated to pay the plaintiff a total of 89,418,400 won ( = 9,618,400 won at the price of the instant stone shed in this case) and damages for delay.

The defendant's assertion that the rocks of this case were purchased at the place of natural stone or new construction purchased by the plaintiff, and the degree of 15 tons of truck 14 tons was collected in the land listed in attached Table 11 of the annexed Table, and the landslide occurred, and thus, it was accumulated up to 20-25 meters to reduce the amount of 15 tons of the rocks of this case so that earth may not get out of the total amount of 15 tons of the rocks of this case. At the time of auction, since the rocks were not included in the auction, the defendant brought out the rocks of this case owned by the defendant

The Defendant brought the instant steel pole with the consent of the Plaintiff’s agent, and even if it is not so, the instant steel pole is not a pole supporting the roof of the instant cattle shed, but merely a pole using the partitions of the instant cattle shed, and thus, the instant steel pole went to the instant cattle shed.

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