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(영문) 서울고등법원 2017.11.14 2016나2069803
손해배상(기)
Text

1. The plaintiff's appeal and the claims added by this court are all dismissed.

2. The costs of the lawsuit after the appeal are filed.

Reasons

1. As to this part of the facts based on the judgment of the court of first instance, the corresponding part of the grounds of the judgment of the court of first instance (from 2th to 6th 10th 5th eth eth eth eth eth eth eth

except that part of the following shall be dried or added:

[Supplementary portions] On the eightth day below the 8th day of the judgment of the first instance, the dismissal of the appeal to the Supreme Court is to be decided by the dismissal of the appeal to the Supreme Court, "after that time".

The 6th day below the 8th day of the first instance judgment "this case construction business operator" shall be incorporated into "K and this case construction business operator".

The second two copies of the judgment of the court of first instance, “no appeal shall be filed by both parties”, “Although the Plaintiff submitted a petition of appeal against the above judgment to the above court, the Plaintiff failed to comply with the order of correction of the petition of appeal of the above court, thereby receiving the order of rejection from the above court.”

[Supplementary Part] 5 of the judgment of the court of first instance added the following "(hereinafter collectively referred to as "building delivery case") which became final and conclusive on the 5th day below."

2. The plaintiff's ground of claim

A. 1) The Defendant directly occupied the instant building under the name of K without any title while substantially operating L under the name of K, or indirectly occupied the instant building through I, a representative of the claim group, etc. Even if not, the Defendant, in collusion with G, etc., went through the exercise of a false lien and refused to occupy and deliver the instant building, thereby causing damages as follows. Therefore, the Defendant incurred damages to the Plaintiff by causing damages as follows. Therefore, the Defendant: (a) (i) the Defendant was liable to compensate the Plaintiff for damages arising from joint tort following the exercise of a false lien (i) the period from June 3, 2004 to August 30, 201, (b) the sum of damages equivalent to the amount of damages the instant building from June 3, 2004 to June 30, 201, together with G, from June 3, 2004 to August 30, 2011.

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