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(영문) 수원지방법원 2015.07.02 2014나11663
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the Defendants in excess of the money ordered to be paid below is revoked.

Reasons

1. Basic facts

A. Defendant B is an organization consisting of the sectional owners and lessees of the D Apartment Complex Building (hereinafter “instant commercial building”) in the Mapo-si, Mapo-si, Mapo-si, and Defendant C is elected as the president at the above Mapo-si Assembly’s meeting on March 22, 2013.

B. From June 16, 2008, the Plaintiff: (a) from around 16, 2008, when operating a beauty room business in the trade name of “E”, the Plaintiff was notified by the lessor of the said shop that the said store would surrender the said store until April 6, 2013; (b) purchased Nos. 107 and 108 and continued to operate the said beauty room at that place.

C. On March 5, 2013, the Plaintiff purchased the said store from the owner F, who was the owner of the instant commercial building Nos. 107 and 108, and completed the registration of ownership transfer on March 29, 2013, respectively.

On March 28, 2013, the Plaintiff entered into a construction contract for the installation of facilities for beauty room business with respect to the foregoing Nos. 107 and 108 from April 1, 2013 to April 20, 2013, and notified Defendant B, which was managing the instant commercial building at that time, that the Plaintiff will continue construction of facilities from April 2, 2013 to the 107 and 108.

E. However, on April 2, 2013, Defendant B, by holding a meeting according to Defendant C’s call, decided to prevent the progress of construction from moving into the beauty room Nos. 107 and 108 of the instant commercial building, and decided to temporarily hire and temporarily hire the management agency services and take the fractional measures, and Defendant C failed to find the Plaintiff’s construction site and perform the construction work several times.

F. On June 24, 2013, the Plaintiff filed an application with the Suwon District Court for a provisional injunction against obstruction of construction and operation against Defendant B, as Suwon District Court 2013Kahap54, and decided on June 24, 2013, that “Defendant B shall not commit any act interfering with the Plaintiff’s construction of facilities for the instant commercial building 107 and 108.”

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