손해배상(기)
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.
1. The reasons for the court's explanation concerning this case are as follows: the plaintiff added the judgment as to the argument in the court of first instance as to this case; the part of the judgment in the court of first instance is modified or modified as follows; the evidence submitted by the plaintiff in the court of first instance, which is insufficient to recognize the plaintiff's assertion that the defendants suffered damage to the plaintiff by preventing the construction of the plaintiff's water supply facilities by preventing the plaintiff from construction of the water supply facilities; and therefore, the part of the judgment in the court of first instance is as stated in the reasons for the judgment, except for the rejection of each statement of evidence Nos. 36 or 38
[Supplementary or modified parts] The fourth through tenth of the judgment of the court of first instance shall be amended as follows.
【7) On June 16, 2014, the Plaintiff filed a lawsuit against Defendant Kim Jong-si seeking revocation of the Plaintiff’s refusal disposition against Defendant Kim Jong-si on the Plaintiff’s application for the installation of water supply facilities. The Plaintiff’s refusal disposition against the Plaintiff’s application for the installation of water supply facilities was unlawful on August 27, 2014 on the grounds that Defendant Kim Jong-si did not consent to the co-owners of the Plaintiff’s water supply facilities on August 27, 2014.
The decision was rendered to dismiss the plaintiff's claim by judging that the rejection disposition against the defendant Kim Jong-si cannot be deemed to violate the principle of no-competence or the principle of equality.
The Plaintiff appealed against the above judgment and filed an appeal. In the case of Gwangju High Court (Seoul High Court) 2014Nu804, the appellate court rendered a judgment revoking the judgment of the first instance court and rejecting the Plaintiff’s lawsuit on the grounds that there was no interest in the Plaintiff’s lawsuit seeking revocation since the Plaintiff’s infringement of the rights and interests suffered due to the Plaintiff’s rejection disposition was resolved as a result of completing the construction of the Plaintiff’s water supply facilities around December 8, 2014.
The fourth decision of the first instance shall be exempted.