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(영문) 대전지방법원천안지원 2013.12.13 2012가단24022
사용료
Text

1. The defendant shall pay 67,790,000 won to the plaintiff.

2. The costs of the lawsuit are assessed against the defendant.

3.Paragraph 1.

Reasons

1. Basic facts

A. On July 6, 2009, the Plaintiff sold the factory site B 10,431 square meters and its ground factory site, warehouse, etc. (hereinafter “instant factory, etc.”) to the Defendant at KRW 3.9 billion, and delivered it on August 20, 2009. On the ceiling of the instant factory, the Plaintiff installed a list machine, namely, the seven strings (Over Head Hist Crae, hereinafter “instant wre”).

B. As a dispute arises between the Plaintiff and the Defendant as to whether the instant crane is included in the subject matter of the above sales contract, the Plaintiff filed a lawsuit against the Defendants seeking delivery, and on June 1, 2012, the appellate court rendered a judgment in favor of the Plaintiff (Seoul High Court Decision 2011Na6968), and on October 11, 2012, the Defendant’s final appeal against the said judgment was dismissed (Supreme Court Decision 2012Da51479) (Supreme Court Decision 2012Da51479).

(However, the above appellate court's list entered 20 tons of 10 tons of 20 tons of 10 tons of 25 tons of 10 tons of 10 tons of 25 tons of 15 tons of 15 tons of 30 tons of 15 tons of 30 tons of 100,000 of 300.

On November 6, 2013, the Plaintiff, while continuing the instant lawsuit, received all remainder of 2.8 tons, excluding the remainder of 2.8 tons of the instant Lesin.

[Ground of recognition] Facts without dispute, Gap 1, 3 (including paper numbers), the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the defendant occupied the cater of this case without a justifiable title from August 20, 2009 to November 6, 2013, the delivery date of the factory, etc. of this case, thereby hindering the plaintiff's exercise of ownership. Thus, the defendant is liable to compensate for the damages suffered by the plaintiff.

(2.8 ton is likely to not yet have been delivered to the Plaintiff, but the Plaintiff did not seek damages after November 7, 2013 against 2.8 ton clers. Furthermore, the amount of damages is ordinarily examined and ordinary.

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