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(영문) 의정부지방법원 2016.09.30 2015나56889
집행문부여의 소
Text

1.The judgment of the first instance shall be modified as follows:

The District Court 2014Kahap5126.

Reasons

Basic Facts

The Plaintiff is the co-owner of 109 and 110 (hereinafter “instant store”) among KF stores located in Namyang-si, Namyang-si (hereinafter “instant commercial building”). The Defendants are officers or members of the instant commercial building’s emergency countermeasures committee.

On May 2, 2013, the Defendants led the management of the instant commercial building, sent to the Plaintiff text messages stating that “I will immediately suspend construction works in violation of Article 12(11) and 12 of the instant commercial building management rules, and if I will not perform, I will suspend supply of electricity to the instant commercial building management body.” From May 3, 2013, the Defendants prevented supply of electricity to the instant commercial building from May 3, 2013.

In addition, under the title of the “Public Notice of Emergency Countermeasures Council” in the instant commercial building, a public notice was attached stating that “the Plaintiff had taken measures to cut electricity and water for the instant store by failing to pay management expenses.”

The Plaintiff filed an application for provisional injunction against interference with business (hereinafter “instant provisional injunction”) with the Jung-gu District Court 2014Kahap5126 by asserting that the Defendants were unable to operate the said store by taking measures to cut electricity or water at the instant store. On November 5, 2014, the said court rendered a ruling to the effect that “the Defendants are prohibited from performing any of the acts indicated in the separate sheet against the Plaintiff on November 5, 2014.” 2.

The instant decision was served on November 6, 2014 on both the Plaintiff and the Defendants and became final and conclusive on November 13, 2014. [Grounds for recognition] Facts without dispute, Gap’s evidence 1, 2, 5, 6, 11, and 12 (if any number is available, each number is included; hereinafter the same).

The Defendants asserted by the Plaintiff as to their respective entries and the purport of the whole pleadings.

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