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(영문) 인천지방법원 2018.05.25 2016가합59927

손해배상(기)

Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is the managing body of the attached Form No. 1 building (hereinafter “instant building”) established pursuant to Article 23 of the Act on the Ownership and Management of Aggregate Buildings. Defendant B is the possessor of the instant building No. 205, and Defendant C is the possessor of the instant building No. 129, supra.

B. The Plaintiff and D, E, and F, a company located in the instant building, in violation of the management rules for the building of this case, met frequently obstructing the passage by placing goods for a long time in the parking lot and the section for common use, such as passage, and despite the Plaintiff’s request for disposal of the things placed on the instant building and filing a lawsuit for delivery of the building, the Plaintiff filed an application with the Defendants and D, E, and F for the provisional injunction on the transfer of real estate possession with the Incheon District Court 2015Kahap10344 on the ground that the act of pilinging the goods was repeated in the same way as at the time despite the Plaintiff’s request for disposal of the things placed on the instant building and filing a lawsuit for delivery of the building. The said court rendered a ruling of acceptance as follows (hereinafter “decision of provisional injunction”).

1. The debtor (the defendant and the defendant, the corporation D, E, and F refers to the plaintiff; the same shall apply hereinafter) shall not perform an act of piling up things in excess of 24 hours in all common areas, such as parking lots, passages, machinery rooms, etc., from among the buildings attached Form 1, without the consent of the creditor (the plaintiff refers to the plaintiff; the same shall apply hereinafter);

2. The execution officer shall publicly announce the purport of the said order in the proper manner.

3. Where the debtor violates the order as referred to in paragraph (1), the debtor who has committed the violation shall pay to the creditor 500,000 won per day of the number of days of the violation.

C. The instant provisional disposition order was executed on July 6, 2016 against the Defendants.

[Reasons for Recognition] Facts without dispute, Gap evidence 1-1, 2, 3, 4, 5-1, 5-2, and the purport of the whole pleadings

2. Determination ex officio as to the legitimacy of the instant lawsuit

A. The Plaintiff’s summary of the assertion is the instant case.