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(영문) 서울중앙지방법원 2008.6.9.자 2008카합1651 결정

접근금지및방해금지등가처분

Cases

208Kahap1651 Disposition of Prohibition of Access and Interference

Applicant

A

Respondent

- - - Other

Imposition of Judgment

June 9, 2008

Text

1. Subject to the condition that the applicant deposits KRW 30,000 (30,000) as a guarantee for the respondent or submits a certificate of payment guarantee entrustment agreement with the same amount as the insured amount:

A. The respondent shall not commit each act listed in the separate sheet.

(b)The enforcement officer shall give public notice of the purport of the above order in an appropriate manner. (c) If the respondent violates the order under paragraph (a) above, the enforcement officer shall pay each 500,000 won to the applicant once of the offence.

2. Litigation costs shall be borne by the respondent.

Purport of application

The decision to the same effect as the order is made.

Reasons

According to the records, the respondent requests substitution or additional compensation in relation to the removal of D stores. From November 26, 2007, some of the respondent demands the supply of a special unit apartment in relation to the removal of E Apartments, from March 7, 2008 to March 7, 2008, and from around 06:409:09:0 :00 :00 :00 :00 :00 :00 :00 :00 :00 :00 :00 :00 :00 :00 :00 :00 :00 :00 :00 :00 :00 :00 :00 :00 :00 :00 :00 :00 :00 :00 :00 :000 :00 :00

Therefore, the above respondent's action goes beyond the legitimate freedom of assembly, demonstration and expression guaranteed by the Constitution, and it is an illegal act that obstructs the petitioner's peaceful privacy and damages the petitioner's honor. In light of the content and method of the demonstration explained by the record, it is also recognized that the necessity of the preservation to urgently prohibit it is also recognized.

In order to ensure the effectiveness of the above provisional disposition order, it is also recognized that there is a need to make an indirect compulsory enforcement order such as the statement No. 1(c) of the order.

Therefore, the application of this case is reasonable, and it is decided as per the disposition by accepting it as a condition for the provision of security.

.6.9

Judges

The presiding judge and judge

Judge Lee Jin-ju

Judges Lee Dong- State

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