logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2020.07.09 2019구합12906
확인의소
Text

1. All of the instant lawsuits are dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a person who manages the studio and office of the 2 and the 3th floor located on the land of the Dong-gu, Gwangju (hereinafter “instant building”) and the C Market Merchants’ Association (hereinafter “Merchants’ Association”) is an organization composed of B commercial merchants.

B. The instant building is an aggregate building, and is designated as a specific control facility and is conducting regular safety inspections twice a year. While conducting a regular inspection in 2017, the Defendant: (a) determined that there is a high possibility of a fire in the said building due to electric facilities in the said section; and (b) determined that there is a high possibility of a fire due to electric facilities in the said section, and (c) notified the merchants’ association of “to explain the risk of fire due to electric power leakage to the residents in the 2, 3rd floor of the instant building, and to block the main source flowing into the 2, 3rd floor of the instant building” (hereinafter “the instant notification”).

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 3, Eul evidence 1 and 3 (including paper numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The plaintiff's assertion

A. According to the result of the inspection by the Korea Electrical Safety Corporation, although the use of a timber distribution team is not illegal, the Defendant: (a) on December 28, 2017, issued the instant civil petition notification with the purport that it is necessary to replace the Plaintiff with a power distribution team; and (b) it is inappropriate to use a timber for the power distribution team; and (c) thus, the instant civil petition notification is invalid as unlawful.

B. In accordance with Section 4 of the Guidelines for Designation of Facilities, etc. subject to Special Management, the Defendant notified the Plaintiff, who is an interested party, of the guidance for the electrical inspection and provided the Plaintiff with the participation at the site, and then notified the instant case after conducting the electrical inspection in violation of this Guidelines. As such, the Defendant’s instruction for the short-term measures among the instant notification

C. The Plaintiff, due to the suspension of the merchant conference by the Defendant’s illegal act, is the installation cost of the short circuit circuit, the electrical safety diagnosis cost, and the replacement cost of the power distribution team.

arrow