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(영문) 의정부지방법원고양지원 2016.01.29 2015가단83494
손해배상(기)
Text

1. The claim of this case is dismissed.

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

Reasons

1. The Plaintiff is the owner of the land listed in the attached list (hereinafter “instant land”); from May 2007, the Defendant constructed and managed a temporary building, such as a plastic house, on the instant land from around May 2007, which allowed the Plaintiff to reside in the instant building; around June 12, 2012, the Plaintiff paid KRW 5,00,000 to B as the director’s expense; the Defendant removed from the said temporary building, such as the said plastic house, etc.; the Plaintiff removed from the said temporary building; and around that time, the fact that the Plaintiff removed the temporary building, such as the said plastic house, etc., was either disputed between the parties or was recognized by comprehensively considering the overall purport of the pleadings as a whole.

2. The plaintiff asserted that the plaintiff, without the plaintiff's permission, established a plastic house. After paying KRW 10,00,000 to the defendant, the plaintiff's wife did not enter into an agreement with the defendant to remove the plastic house, and trusting the defendant's promise to remove the plastic house, and paid KRW 20,000,000 to the non-party D on April 26, 2012, but the defendant did not perform his duty to remove the down payment but did not perform his duty to remove the down payment. After being paid the director's expenses and did not perform his duty to remove the said plastic house, the plaintiff was subject to forfeiture of the down payment. The plaintiff argued that the above plastic house was removed because he did not perform his duty to remove the down payment. The plaintiff did not perform his duty to remove the down payment even after being paid the expenses, as above, 20,000, KRW 1,65,000, KRW 38,000, KRW 500, KRW 200, KRW 3005.

On the other hand, the defendant was allowed to build a building by E, and the director was paid 10,000,000 won from the plaintiff as compensation around June 2012.

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