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(영문) 서울고등법원 2015.07.17 2014나43733
손해배상(기)
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

2. The costs of appeal shall be borne by the Plaintiff.

purport, purport, and.

Reasons

1. Basic facts

A. The Plaintiff leased 13 temporary buildings (hereinafter “instant land”) established on G and 13 units of temporary buildings (hereinafter “the instant building”) established on the instant land from G in terms of harmony (hereinafter “the instant building”). However, on the instant land, there was more number of household buildings built by the Plaintiff (hereinafter “Plaintiff-owned household buildings”) in addition to the instant building.

The Plaintiff failed to pay rent for the instant land and the instant building to G, and upon request by G, the Plaintiff intended to leave the instant land and the instant building.

B. On May 3, 2006, Defendant B, along with I, purchased the instant land and the instant building from G to build a factory building. Around that time, G and Defendant B demanded the Plaintiff to leave and agreed to transfer the instant land by November 30, 2006.

C. In order to obtain a building permit on the instant land, it was necessary to remove the instant building and ground objects, including the instant building. However, the Plaintiff revealed through G that the Plaintiff would remove the instant building and bring materials, such as steel pipe, etc., to Defendant B, and the Defendant B would be able to remove the instant building on the premise that the Plaintiff would promptly withdraw from the instant land, taking into account the cost of the removal of the instant building, etc.

Although Defendant B demanded removal and removal of the building of this case several times to the Plaintiff who did not remove the building of this case after the agreed delivery date, the Plaintiff: (a) removed 12 of the building of this case from early 2009, which was later than two years after the agreed delivery date; and (b) stored parts of the building of this case, including steel pipes, in the vicinity of the land of this case.

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