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(영문) 수원지방법원 2015.07.29 2014나44076

손해배상(기)

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Grounds for and determination of the claim

A. On February 20, 2012, Nonparty B asserted that he/she had installed an illegal banner on the multi-household housing located in Gwangju-si, Gwangju-si (hereinafter “instant housing”), which owned the Plaintiff, and reported the said fact to the D Office affiliated with the Defendant, but the public officials delayed the performance of their duties in collusion with B and removed the illegal banner on September 20, 2012.

In the process, the Plaintiff suffered property damage due to the failure to sell the above house at once, and the Plaintiff directly removed the illegal banner and caused the Plaintiff to be subject to investigation in the police station as the suspect status. As such, the Defendant is obligated to compensate for the Plaintiff’s damage, which is part of the Plaintiff’s damage, five million won, and damages for delay.

(b) Determination 1) Article 3 (Permission for or Report of Advertisements, etc.) (1) of the Outdoor Advertisements, etc. Control Act (hereinafter referred to as "advertising, etc.") in areas, places and objects falling under any of the following:

A person who intends to display or install advertisements, etc. prescribed by Presidential Decree among those who intend to do so shall be the Governor of a Special Self-Governing Province or the head of a Si/Gun/autonomous Gu (

1. An urban area provided for in Article 36 of the National Land Planning and Utilization Act;

2. Cultural heritage and protected areas under the Cultural Heritage Protection Act;

3. Preserved mountainous districts under the Mountainous Districts Management Act;

4. Natural parks under the Natural Parks Act;

5. Roads, railroads, airports, ports, tracks, rivers, and areas adjacent thereto prescribed by Presidential Decree;

6. Means of transportation prescribed by Presidential Decree.

7. Other areas, places, and objects prescribed by Presidential Decree in order to preserve scenic landscapes and urban environments.