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(영문) 서울고등법원 2019.02.18 2018나2041496
손해배상(기)
Text

1. The Plaintiff, among the parts against Defendant C in the judgment of the court of first instance, falls under the amount ordering the payment below.

Reasons

1. The reasoning of the court's explanation concerning this case is as follows, and this case is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act, except for the following modifications.

[Revision] The second part of the judgment of the court of first instance stipulated the "housing redevelopment project" in the second part of the judgment of the court of second instance as the "Housing Redevelopment Improvement Project".

On the 5th judgment of the first instance court, the overall title of the 8-9th judgment is “(which was appealed by Supreme Court Decision 2018Du48243, but the above appeal was withdrawn on August 13, 2018).”

On September 9, 2016, the date of expropriation pursuant to the former part of Article 45(1) of the Land Compensation Act, the Plaintiff acquired ownership of the instant building on September 9, 2016.

In addition, according to the aforementioned evidence, Gap evidence Nos. 10 and Eul evidence Nos. 4 and 5’s images and arguments, according to the overall purport of the film and pleading, the defendant company: (a) placed a signboard on the first floor of the building in question, with which the plaintiff acquired ownership of the building in this case, and stored various forms of paper, office fixtures, machinery, etc., and operated printing business-related equipment; (b) filed an application against the defendant company for a provisional disposition of real estate delivery on the first floor of the building in this case as Seoul Western District Court 2018Kahap50502; and (c) the above court made a decision to accept it on October 26, 2018; and (c) based on the above provisional disposition decision, the plaintiff can be recognized that the defendant company completed the delivery execution of the above first floor on November 1, 2018.

According to this, from September 10, 2016 to November 1, 2018, the date following the date of expropriation on the building of this case, the Defendant Company occupied and used and made profits from the above part of the first floor owned by the Plaintiff from September 10, 2016 to the date of completion of delivery execution of the first floor of the building of this case without any legal cause.

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