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(영문) 의정부지방법원 2015.06.24 2013가합10496

손해배상금

Text

1. As to the Plaintiff KRW 5,520,150 and KRW 2,471,958 among them, the Defendant shall pay to the Plaintiff KRW 5,520,150 from July 6, 201, KRW 3,048,192.

Reasons

1. Basic facts

A. (1) During the process of management and operation of the C shopping mall (hereinafter “C shopping mall”) sales facilities of the E 9th floor (hereinafter “C shopping mall”) were difficult for the project implementer (F) from the time of new construction and sale in around 1998 to the time of fraudulentation, escape, etc. After that, 528 stores (other than the above, 3 floors are not divided by each floor from 7 to 9th floor, and are operated as one private house or one place of business) divided by each shop, which were divided into 528 stores, which were subdivided by each floor from 1st to 6th above the ground, were sold in lots, and the registration of division by each shop was completed. However, most of the stores were vacant rooms, and the store owners of the 1st to 6th above the ground were not active due to the lack of various disputes.

(2) The management and operation of the C shopping mall was managed by the Jung-gu Development Co., Ltd., which had been originally implemented, divided the operation of the Committee by the merchants' committee composed of buyers. On December 24, 1999, the C shopping mall was established as a promoters of each floor of the C shopping mall and a new management company (hereinafter "C shopping mall"), and C shopping mall received the above management and operation rights and operated and managed C shopping mall. By the time, C shopping mall was operated and managed by taking over the above management and operation rights. At the time, the store located in C shopping mall was merely the G stores of the first floor and the 6th floor above the ground (the 7th floor above the 7th floor above the 9th floor above the 7th floor above the 9th floor above the 7th floor above the 7th floor above the 9th floor above the 7th floor above the 9th floor above

(3) From around 2001 to around 2002, the representative director H et al. removed all sectionally partitioned walls of each store without the consent of the owners under the pretext that each floor from the first to the sixth above ground level was made into an open store. Accordingly, the above H et al. is subject to criminal punishment due to a violation of the Punishment of Violences, etc. Act.