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(영문) 서울동부지방법원 2016.01.15 2015가단30030
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Facts without dispute;

A. The Defendant filed a real estate delivery lawsuit against the Plaintiffs by this Court Decision 205NoGa961, and received a favorable judgment in the first instance court on May 15, 2015, and the Plaintiffs appealed.

B. On June 17, 2015, the Defendant rendered delivery enforcement based on the judgment of the first instance court rendered a declaration of provisional execution.

2. The plaintiffs' assertion and judgment 1) The plaintiffs asserted that the defendant forced removal without the prior removal notice and caused property damage to the plaintiffs, and accordingly, they also suffered mental damage. Thus, the defendant asserts that the defendant should compensate for damages equivalent to 30,000,000 won for property damage, such as moving expenses, damage of household appliances, installation expenses of oral workplace, and expenses for compulsory execution of real estate, and the total of 45,615,000 won for non-performance of real estate, and 45,615,000 won for non-performance of real estate.2) The plaintiff's assertion that the damages for the remaining property other than the expenses for compulsory execution among the property damages claimed by the plaintiffs are insufficient to recognize it, and there is insufficient evidence to acknowledge it otherwise. Even if the execution of the defendant's delivery was conducted by the plaintiffs, it is not acceptable to accept the plaintiffs' assertion that the plaintiffs' property damage was due to the defendant's property tort, in light of the fact that the execution of the defendant's execution is a compulsory execution under the execution judgment.

3. If so, the plaintiffs' claim of this case is dismissed as it is without merit. It is so decided as per Disposition.

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