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(영문) 서울고등법원 2020.07.03 2020나2001996

손해배상(기)

Text

1. The judgment of the first instance court, including the claim extended by the Plaintiff in the trial room, shall be modified as follows:

Reasons

1. The reasoning of the court's explanation of this case is as stated in the reasoning of the judgment of the first instance except for the part as stated in paragraph (2) below, and thus, it shall accept it in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2.The following shall be added to the 6th 20 line of the first instance judgment:

2. The plaintiff's assertion

A. From February 2014 to December 2, 2016, the Defendants obstructed the instant construction by parking the instant motor vehicle along the boundary line of the instant road.

B. From January 2017 to September 2018, the Defendants interfered with the instant construction project by forcing construction business operators to waive the construction work by means of threatening construction business operators at the construction site and their employees and filing civil petitions at another construction site that they work.

C. In addition, the Defendants interfered with the instant construction work to prevent entry of the instant vehicle by means of preventing the progress of the construction vehicle from occurring at any time, requesting a police dispatch, etc., as it is likely that the Defendants may damage G and H’s fences or trees from October 2018 to April 2019.

The Defendants removed the instant road boundary stone installed in Seocho-gu after May 2019, and arbitrarily moved the boundary stone to the instant road, and performed the fence construction, thereby hindering the instant construction.

E. In addition, the Defendants interfered with the progress of construction vehicles by spreading the instant road boundary line on July 19, 2019; August 16, 2019; September 20, 2019; September 20, 2019; September 25, 2019; September 27, 2019; and October 2, 2019.

F. From January 3, 2020 to March 3, 2020, theO interfered with the instant construction by parking on the instant road and obstructing the entry of construction vehicles, in particular, ready-mixed transport vehicles.

G. Such tort by the Defendants is equivalent to the rent due to the Defendants’ failure to use the instant land from February 2, 2014 to October 2019.