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(영문) 부산지방법원동부지원 2019.07.25 2018가단218931

손해배상(기)

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a representative organization of 278 residents entering the 278 household units of apartment buildings among Busan Shipping Daegu Complex Building (hereinafter “instant building”) established to determine important matters concerning the management of apartment houses in accordance with the provisions of the Multi-Family Housing Management Act. The Defendants moved in an officetel among the instant buildings.

B. In the instant building, 278 households and 20 households of apartment buildings have moved into 3 aggregate buildings. The Defendants have requested the Plaintiff to allow the Plaintiff to use the facilities for convenience of apartment buildings, but the Defendants refused it on the Plaintiff’s side, and the dispute between the Defendants and the occupants of officetels including the Defendants was deepened.

C. The Defendants, around March 11, 2018, set up a banner on the passage route of the first floor parking lot underground of the instant building, and set up two for forking vehicles and siren vehicles on a street, thereby preventing the entry of apartment residents into the underground parking lot.

In addition, the Defendants mobilized 11 vehicles of the Defendants to prevent the entry of the vehicles into the second underground floor, thereby making it impossible for them to pass the vehicles of the occupants of apartment houses until they move the said vehicles around March 26, 2018.

The Defendants were charged with general traffic obstruction and interference with business by the aforementioned acts, etc. (hereinafter “instant tort”), and the judgment became final and conclusive on December 19, 2018, by being sentenced to a fine of KRW 10 million, Defendant C, D, and E in accordance with the degree of the Defendants’ participation, etc., according to the degree of the Defendants’ participation, etc., in which both of the instant courts (2018cc.450, 511) were convicted.

[Ground of recognition] Facts without dispute, Gap 1 through 9 evidence, Eul 1, 2 and 4 evidence (including paper numbers), the purport of the whole pleadings

2. The parties' assertion and judgment

A. The plaintiff's alleged tort of this case committed by the defendants of this case shall have honor and credit of the plaintiff.