beta
(영문) 서울남부지방법원 2015.09.11 2014가합102303

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. From October 31, 2007, the Defendant is the owner of the land in Seodaemun-gu, Seocheon-gu (hereinafter “Defendant-owned land”). From September 15, 1988, the Plaintiff operates a marina manufacturing business, etc. from D land adjacent to the Plaintiff’s land (hereinafter “Plaintiff-owned land”); from September 15, 198, the Plaintiff completed the registration of ownership transfer on the land owned by the Plaintiff from June 21, 1994.

B. The Plaintiff used the Defendant’s land as a way of transporting timber, etc. to grow back to and from the second line from the time of running the business in the land owned by the Plaintiff.

C. On February 19, 2014, the Defendant loaded signboards, lumber, changeers, vehicles, etc. on the land owned by the Defendant in order to prevent the Plaintiff from transporting timber, etc. on the land owned by the Defendant for three days around February 19, 2014, as the Daejeon District Court Branch Branching 2014 High Court Decision 201Hun-Ma890.

The judgment of suspended sentence was rendered for the crime of obstruction of business, and the above judgment became final and conclusive at that time.

[Ground of recognition] Facts without dispute, significant facts in this court, Gap evidence 1 through 4, 33 through 36, 38, Eul evidence 1 through 3, 7, and 14, witness E's testimony and the purport of the whole pleadings

2. Determination on the cause of the claim

A. The plaintiff alleged that the defendant loaded goods, etc. on the land owned by the defendant and committed an illegal act to prevent the passage of the plaintiff from getting back to and from the second line from the land owned by the plaintiff. Accordingly, the plaintiff did not timely transport the horse trees, etc. that the plaintiff intended to deliver to the other party to the transaction from the land owned by the plaintiff. Accordingly, the loss was inflicted on the expected transaction partners, such as the attached Table 1, and the defendant paid a penalty of KRW 114,400,00 in total due to the failure to deliver the goods to the other party to the transaction as shown in the attached Table 2. The additional cost of KRW 3,00,000 due to the emergency supply, and the horse trees located in the warehouse owned by the plaintiff on the land owned by the plaintiff, as shown in the attached Table 3, thereby causing damage to the plaintiff.