logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2018.10.05 2017나42127
손해배상(기)
Text

1.The judgment of the first instance shall be modified as follows:

Of the lawsuit of this case, the cost of removal of factory machinery, security manpower, and expenses.

Reasons

1. Basic facts

A. On April 4, 2016, the Plaintiff completed the registration of ownership transfer in the future of the Plaintiff, on May 10, 2016, at the auction price, the land Hanam-si D (hereinafter “instant land”) and the one-story 64 square meters (hereinafter “instant building”) related to the 1st floor, 664 square meters in relation to the steel structure, sand structure, sand site location panel, and one-story animal-related facilities in the Nadong steel structure, sand site, and cell site, and 109.2 square meters (hereinafter “the instant building”). The instant land and 1, 2, including the instant building, are sold in full upon the bid and completed the registration of ownership transfer in the future of the Plaintiff on May 10, 2016.

B. From around 2002, the Defendant: (a) from E, the former owner of each of the instant real property, the instant case ①, and (b) leased a building to operate the Washington factory; and (b) on April 5, 2010 and June 1, 2012, the Defendant decided to substitute the Defendant for the payment of interest on loans to the Bank of Korea, the amount of KRW 50,000,000 rental fees for the entire facilities, such as the instant building and the machinery installed in the building.

The lease contract was entered into respectively with the content of lease.

C. On June 21, 2016, the Plaintiff filed an order for the delivery of real estate regarding each of the instant real estate with the Suwon District Court Sungnam Branch G, and completed delivery execution on October 21, 2016 under the condition that the Plaintiff keep the machinery, equipment, materials, etc. owned by the Defendant on each of the instant real estate.

On October 21, 2016, the Defendant prepared and delivered to the Plaintiff a letter to the effect that “the Plaintiff promises to transfer all machinery, materials, etc. that existed in each of the instant real estate by October 31, 2016.” However, by November 2016, the Defendant carried out only some of the machinery, materials, etc., such as machinery and equipment, and left alone as they are.

E. On November 29, 2016 and December 6, 2016, the Plaintiff shall provide the Defendant with content-certified mail, and each of the instant real estate.

arrow