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(영문) 서울중앙지방법원 2016.09.01 2015가합582160
손해배상
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a housing reconstruction association established under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents for the purpose of implementing a housing reconstruction project on May 15, 2004, the Plaintiff completed the establishment registration on May 18, 2004 with authorization from the head of Dongjak-gu Seoul Metropolitan Government for the establishment of a housing reconstruction association established under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents for Residents for the purpose of implementing a housing reconstruction project in Dongjak-gu (hereinafter “instant rearrangement zone”). A resolution of dissolution on September 13, 2013 and completed the registration of dissolution on November 8, 20

B. On June 10, 2010, the head of Dongjak-gu filed a civil petition with the Plaintiff on June 10, 2010 that 52 neighboring residents of the instant improvement zone should install cables, wires, scarp, etc. due to radio wave interference caused by the apartment newly constructed in the instant improvement zone, but it is possible to view TV and its inconvenience. As such, the head of Dongjak-gu filed a civil petition with the purport of demanding prompt resolution thereof, he/she notified the Plaintiff of the civil petition details requesting the result to be submitted by June 14, 2010.

(hereinafter referred to as “the primary civil petition of this case”).

On October 22, 2010, the Plaintiff entered into a service agreement with E Co., Ltd. (hereinafter “E”) on a service contract with 34,000,000 won (excluding value-added tax) with respect to the treatment of civil petitions against 52 persons who filed the instant first civil petition. On October 25, 2010, the Plaintiff paid KRW 7,480,000 (including value-added tax; hereinafter the same shall apply) and KRW 22,440,000 each on January 14, 201.

On January 5, 2011, the head of Dongjak-gu filed a civil petition with the Plaintiff on the following grounds: (a) 148 residents nearby the instant improvement zone caused interference with the reception of broadcasts due to newly constructed apartment houses in the instant improvement zone; (b) however, he/she is allowed to view TV, and thus demanding prompt measures therefor; (c) accordingly, he/she notified the Plaintiff of a civil petition with the purport of requesting the Plaintiff to take measures within a prompt time so that it does not interfere with the implementation of the completion procedure.

(hereinafter “instant 2 and 3 civil petitions”). E.

Defendant C, at the time of January 26, 201, delegated by Defendant B, the president of the Plaintiff’s partnership, and the Plaintiff and E.

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