beta
(영문) 서울중앙지방법원 2015.02.10 2014가단40297

손해배상(기)

Text

1. The Defendant: (a) from January 31, 2013, to Plaintiff A with respect to KRW 5,000, KRW 2,500,000, and each of the above amounts.

Reasons

1. Facts of recognition;

A. Plaintiff A and B are the sectional owners of F commercial building 17th and 20th and Plaintiff C are the wife of Plaintiff A and the mother of Plaintiff B, and the Defendant is the chairperson of the F managing Body’s “F-1st and fourth underground passage connecting promotion committee” comprised at will by the sectional owners who belong to the F Managing Body.

B. The F Service Management Body concluded an agreement with the Seoul Special Metropolitan City on December 30, 201 with the aim of installing an underground connecting passage between G Design flass (large design flass that are developed in subway 2, 4, and 5 G stations) promoted by the Seoul Special Metropolitan City and F Service, and sought consent to the creation of superficies against 11 equity right holders who own the site part of the site section where the connecting passage to the 1st floor underground is to be installed, but did not obtain consent from the Plaintiff A and B, part of the relevant equity right holders.

C. On December 20, 2012, the Defendant sent the Defendant’s notice to the effect that “it is unreasonable for the Defendant to interfere with the connection passage construction on his own initiative,” and the remaining sectional owners except for three persons, including AC, have already consented.” The Defendant sent to A and B, “A and B, on two occasions, a certificate of the content that the cost of the occurrence of the event due to the land adjoining to the same land would be the cooperation for the comparison, but it would interfere with the connection passage construction without any expression, and thus would result in the delivery of the notice,” and “AC B only cooperate and interfere with only the women,” and then sent it by mail to the F Co. 1650 persons holding the exclusive ownership of the commercial building.

At around 14:00 on January 16, 2013, the Defendant posted the Defendant’s demonstration along with approximately 30 business owners in front of the Plaintiffs’ house, and posted the flass card and the flass ticket stating, “Is the death and death of people,” “Is the snow of the permanent store,” “Is the snow of the store,” and “Is that interfere with F.D.’s development.”

(2) The Defendant’s house around 14:00 on January 17, 2013.