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(영문) 서울중앙지방법원 2015.08.26 2015나6493
손해배상(기)
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

In the first instance court's trial scope, the plaintiff filed a claim for damages based on a tort (the detailed details are as shown in attached Form 3), the claim for the transfer of toilets of this case, the claim for exclusion from exercising the right of ownership of the land of this case, and the claim for the installation of entrance.

With regard to this, the court of first instance accepted the portion of the claim for damages equivalent to the rent calculated at the rate of 46,419 won per month from January 23, 2006 to July 16, 2014 and the portion of the toilet and the land of this case from July 17, 2014 to July 4, 2006 and the amount of damages equivalent to the rent calculated at the rate of 46,419 won per month from July 6, 2010 to December 5, 201, among the remainder of the claim for damages, the claim for 44,25, cleaning expenses, cleaning expenses, 11,280 won from October 6, 201 to December 5, 201. The plaintiff partly accepted the claim for exclusion of interference with the ownership of the land of this case, and all of the remaining claims of the plaintiff were dismissed.

As to this, it is apparent that only the defendant appealed against the defendant among the claims for damages equivalent to the rent for the toilet of this case and the part concerning the land of this case, the scope of the judgment of this court is limited to the part against which the above defendant is dissatisfied.

Facts of recognition

The Seoul Central District Court E with regard to the auction procedure for real estate rent as to the Seongbuk-gu Seoul Metropolitan Government 53 square meters (hereinafter referred to as the “instant land”) and the 13.22 square meters and the 13.22 square meters and the 19.92 square meters and the 19.92 square meters and the 19.92 square meters and the 19.2 square meters and the 19.2 square meters and the 19.2 square meters and the 2nd

The plaintiff paid the sale price on January 23, 2006 after being awarded a successful bid for the land and the building of this case in the above voluntary auction procedure, and completed the registration of ownership transfer on the same day.

The appraisal report of the building of this case submitted for the above voluntary auction procedure shall be deemed to be valid.

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