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(영문) 서울북부지방법원 2015.06.12 2013가단110853

손해배상(기)

Text

1. The defendant connects each point of the attached Form No. 1,2,3,4,5,6,7,88, among the first floor of the building in Gangnam-gu Seoul Metropolitan Government.

Reasons

1. Basic facts

A. The Plaintiff is the owner of No. 107 among the 1st floor of the C building, which is the partitioned ownership building (hereinafter “the instant commercial building”). The Defendant is operating the Damart by leasing Nos. 101, 109, 110, 111, 116, and 119 among the instant commercial buildings from the Maritime Enterprises.

B. On August 2007, the Plaintiff and the owners of other stores of the first floor of the commercial building of this case filed a lawsuit seeking compensation for damages (Seoul Northern District Court 2007Gadan44122) against the Defendant on the ground that the Defendant’s business operation was conducted in each of the above stores around 2006, the Defendant’s share of 1,2,3,4,5,6,7,88, and1 indicated in the separate drawings (hereinafter “instant common areas”) which are the rest areas of the sectional owners and customers, and obstructed the business by piling up the goods without permission, and the Defendant and the Defendant agreed to remove the previous 160cm from the columns located in the center of the store in front of the store in front of the store in order to promote the store, increase the existing 1,500,000 won for mental compensation, etc., and the Plaintiff et al. of this case shall request the Defendant to remove the goods to its original state in accordance with the agreement on the use of the goods (hereinafter “the adjacent 1”).

C. From June 15, 2012, the Defendant again kept a large number of goods for sale in the instant common areas, and the Plaintiff’s defect in the business is subject to a provisional disposition order ordering the Seoul Northern District Court 2013Kahap430 to prohibit interference with business on September 27, 2013, which stated that “the Defendant shall remove and remove obstacles on the instant common areas among the first floor of the instant commercial building within 10 days from the date on which he/she received this decision.”