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(영문) 창원지방법원 2016.11.08 2015가단74858

손해배상(기)

Text

1. Plaintiff A, B, C, D, E, F, and G

A. Defendant J shall pay each amount of damages as specified in attached Table 3 and each of them on May 27, 2015.

Reasons

1. Under the following facts, facts are either not disputed between the parties, or there is no dispute between Gap 1 to 11, Eul 1 to 5, and Eul 1 to 8, witness N, O's testimony, appraiser's appraiser's appraisal results, the inquiry results on the original market of this court, the inquiry results on the original market of this court, and the whole purport of arguments as a result of the order to submit tax information to the director of the original tax office of this court to submit tax information, and the statements or images of Eul 6 and 7 shall not interfere with the above recognition and there is no counter-proof.

Plaintiff

A, B, C, D, E, F, and G share of co-ownership in proportion to the area of the section for exclusive use of the instant commercial building, as shown in attached Form 2, Qgu M in Changwon-si (hereinafter “instant commercial building”). The common use of the instant commercial building has co-ownership in proportion to the area of the section for exclusive use.

B. The Culture and Arts Promotion Act stipulates that when constructing a new building of the same size as the instant commercial building, an amount equivalent to the specified ratio of the construction cost shall be used for the installation of art works (Article 9(1) of the same Act). On July 30, 1999, R Co., Ltd., the owner of the construction of the instant commercial building, ordered Plaintiff H and I, an artist, to contract for the production of sculptures in KRW 163,240,000, and the said Plaintiffs manufactured a sculpture in the name of the material in the name of “S” (hereinafter referred to as the “instant sculpture”) manufactured on July 2, 200, in which the human form manufactured as a semi-type material in the form of a building, has been projected into the inner part of the building, and installed it in the instant commercial building.

C. At the time of June 2012, Defendant J removed the instant sculpture around July 2012, following a resolution of the Steering Committee on June 19, 2012, on the following grounds: (a) the instant sculpture was left unattended for a long time as it was damaged due to falling, etc.; and (b) the price of the instant sculpture 1st floor above the instant shopping mall 1st floor 201; and (c) the removal of the instant sculpture was inevitable in order to repair the water leakage of the first floor above the instant shopping mall.

As to this, the Changwon-si is the case of this case.