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(영문) 부산지방법원동부지원 2020.11.05 2019가단212039

손해배상(기)

Text

1. The Defendants: (a) from September 9, 2018, to Plaintiff A, KRW 200,000, KRW 300,000, and each of the said money.

Reasons

1. Basic facts

A. Around 2012, Plaintiff B and E, whose parents were their children, newly built a detached house (hereinafter “instant house”) on the F-si, Sin Young-gu, Gyeongnam-si in order to have their parents lose and reside.

B. Defendant C is the chairman of the residents’ autonomy of the above G, and Defendant D is the president of the village.

C. At the time of the “I district” construction implemented by H association around 2015, Defendant C attempted Plaintiff B to implement an erosion control construction project to prevent earth and sand outflow on the Plaintiff’s land J (hereinafter “instant forest”).

around 13:00 on September 9, 2018, Defendant C sought the instant house and demanded the Plaintiffs to comply with the commitments that Plaintiff B’s husband E would contribute to the donation of land. Defendant C also found Defendant C around 13:19 on the same day.

E. On February 26, 2019, Plaintiff B filed a complaint against the Defendants for a crime of intrusion upon residence, intimidation, or insult, and on February 26, 2019, the branch office of the Changwon District Prosecutors’ Office requested the Defendants to issue a summary order only for the following charges.

1. Defendant C and Defendant D’s co-principal committed the same offense: (a) around 13:05 on September 9, 2018; and (b) around 13:19 on September 9, 2018 at the victim B’s residence located in Tong-si, Dong-si on the same day, it was difficult to avoid disturbance by failing to comply with the request of the victim despite having received a demand from the victim for delivery, on the ground that the husband of the previous victim did not comply with the promise to contribute to the acceptance of the site by the husband of the victim; and (c) having received a demand from the victim, the victim did not comply with the demand; and (d) having been residing

Accordingly, the Defendants jointly refused to comply with the demand of the victim to leave without any justifiable reason.

2. Around September 19, 2018, Defendant C’s single criminal defendant entered a ward through a gate, which was not corrected without justifiable grounds, in the victim B’s residence located in Tong Young-si, Tong Young-si, and invaded upon the victim’s residence.

f. The branch court of the Changwon District Court shall be the branch court.