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(영문) 창원지방법원 2015.10.06 2014가단85325
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The following facts may be acknowledged in full view of the following facts: (a) there is no dispute between the parties; (b) evidence Nos. 1 to 4; and (c) evidence Nos. 1 to 7; and (c) the fact inquiry results with respect to the head of Jin-Eup in this court; and (c) the purport of the entire pleadings as a result of the order to

On May 22, 2013, the Plaintiff newly constructed the off-road parking building, which is an off-road parking lot, on the 1613-5 ground of the Jin-gu Seoul Special Metropolitan City on May 22, 2013, notified the Mayor on June 28, 2013, and then operated the parking lot business.

B. On May 19, 2010, the Kim Young-gu Mayor issued a recommendation to install a public parking lot due to heavy traffic congestion and parking accidents in the area surrounding the Gwanak-gu Seoul Special Metropolitan City Public Health Center. As a result, on August 19, 2010, the parking facilities of the Gwangjin-gu Seoul Special Metropolitan City at 6,638 or parking demand was identified as 12,677, and on August 16, 2010, the parking facilities of the Jung-gu Special Metropolitan City at 6,638 or parking demand was located in the vicinity of the parking lot operated by the Plaintiff, and on August 16, 2010, the Defendant-owned Specialized Public Parking Lot (hereinafter “instant public parking lot”). On November 19, 2012, the Gwangjin-gu Special Metropolitan City Mayor concluded a contract for the management of the site as a paid parking lot for the Marine Corps after being entrusted with the management of the site.

2. The plaintiff's assertion and judgment

A. The plaintiff asserts that the installation of the public parking lot of this case by the defendant is unlawful for the following reasons, that the defendant gains a profit equivalent to KRW 38,493,825, and that the plaintiff suffered a loss equivalent to the same amount, and that the plaintiff has claimed damages equivalent to the same amount against the defendant.

1 In order to establish an off-road parking lot the same as the public parking lot of this case, it shall be determined by an urban/Gun management plan in advance.

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