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(영문) 대전지방법원 2017.08.30 2016가단201323
손해배상(기)
Text

1. The Defendants jointly share KRW 1,985,00 with respect to the Plaintiff and the period from February 9, 2016 to August 30, 2017.

Reasons

1. Presumed facts

A. On August 27, 2015, the Plaintiff, as the owner of the land F in Seo-gu Daejeon (hereinafter “instant land”), tried to start the construction work of multi-family house (hereinafter “instant construction work”) from September 9, 2015 after obtaining permission for the new construction of multi-family house on the instant land.

B. The only passage to the instant land is G road (hereinafter “instant road”), and the H ground adjoining to the instant road is located at H, where the Defendants reside.

C. On September 9, 2015, Defendant D parked and did not move the pertinent vehicle to the instant road at the Plaintiff’s request. The Defendants jointly interfered with the entry of the instant road on the grounds that the instant road is a private ground for IBL.

After that, the Plaintiff attempted to reach an agreement with the Defendants several times on September 15, 2015, and again arrived at the instant road for the instant construction work. Defendant B and D parked their own vehicles on the instant road and obstructed the entry of the construction vehicle. When the Plaintiff reported this to the police, Defendant C left the instant road and obstructed the entry of the Plaintiff’s vehicle.

E. In addition, from September 14, 2015 to September 21, 2015, the Defendants filed a civil petition with the Daejeon Seo-gu Office by setting up requirements for countermeasures against the crack of a building following vehicle passage, and after completion of the construction, filed a civil petition with the Daejeon Seo-gu Office. On September 30, 2015, the Plaintiff rented a defective siren to start a new construction work, thereby hindering the entry of the instant road.

F. On May 2016, the Defendants installed posts to prevent the entry of vehicles (solarlars and vehicles). The Defendants invaded the instant road beyond the H land boundary.

The Defendants, around January 11, 2017, moved the tride to the boundary of H land.

【Ground of recognition” has no dispute, Gap Nos. 1 through 9, 14 through 17.

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