2014Na11246 Compensation (as such)

1. A Ulsan ○ Association;

President of the party branch B

2. B

A person shall be appointed.

Ulsan District Court Decision 2014 Ghana2924 Decided September 23, 2014

July 1, 2015

August 12, 2015

1. Revocation of a judgment of the first instance;

2. All plaintiffs' lawsuits are dismissed.

3. The costs of the lawsuit are assessed against the Plaintiffs.

The decision of the first instance court is revoked. The parties to the defendant (the designated parties; hereinafter the same shall apply) and the designated parties to the annexed name shall pay to the plaintiffs 1,00,000 won each, and 20% interest per annum from the day following the delivery of a copy of the application for modification of the claim and the cause of the claim in this case to the day of full payment.

1. Basic facts

The plaintiffs and the designated parties (hereinafter "the defendant et al.") shall not make a preliminary injunction against the defendant and the designated parties (hereinafter "the defendant et al.") on December 6, 2013, 2013 by filing an application with the Ulsan District Court 2013Kahap514 for a provisional injunction against access, etc. ① The defendant et al. shall not make the plaintiffs defamation by distributing printed matters containing false facts prior to the worship of the plaintiff A Ulsan Plsan church (hereinafter "the plaintiff church") and destroying the church properties, and interfere with the towing of the plaintiffs, such as defluating or insulting the plaintiff, or by spreading, attaching, attaching, distributing, or distributing printed materials and printed materials related to their private life; ② the defendant et al. shall not make the plaintiffs' defamation by publishing them as news articles through the Internet and newspapers, etc.; ③ the defendant et al. shall not have received a dispute over each of the above provisional injunction against the plaintiffs 10th parties and indirect compulsory disposal.

2. Determination on the legitimacy of the plaintiffs' lawsuits

The plaintiffs asserted that, around 00 on December 22, 2013, the defendant et al. occupied a church by 06:0 security service personnel and occupied the church, damaged the flag and controlled the entrance of the members, thereby hindering the worship of the plaintiff church. The selected violated the obligations ordered in the above provisional disposition decision by making a speech or behavior that defames the plaintiff B and embling the plaintiff, thereby violating the obligations. Accordingly, the defendant et al. asserts that the plaintiff et al. has the obligation to pay KRW 1,00,000 to the plaintiff according to the above indirect compulsory performance decision.

Prior to the judgment on the plaintiffs' assertion, since the decision of indirect compulsory performance itself is an independent executive title, it is sufficient that the execution clause should be granted by proving the other party's breach of duty to pay in the decision of indirect compulsory performance, and there is no benefit to file a lawsuit seeking the payment of indirect compulsory performance separately (see Supreme Court Decision 2001Da46372, Sept. 25, 2001).

Therefore, the plaintiffs' lawsuits are unlawful because they have no benefit of lawsuit.

3. Conclusion

Therefore, all of the plaintiffs' lawsuits shall be dismissed, and the judgment of the court of first instance is unfair in this conclusion, and it shall be revoked and all of the plaintiffs' lawsuits shall be dismissed. It is so decided as per Disposition.

Judges - The chief judge - the highest leapability

Judges Cho Jong-chul

Judges Kim Jong-soo

List of Appointedmen

1. C.

2. ○○

3. Clerks ○○