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(영문) 의정부지방법원 2015.10.22 2014가합51678
손해배상(기)
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. Presumed factual basis

A. The Plaintiff and the Defendants are the parties 1) The G Village Housing Complex in Namyang-si, Namyang-si (hereinafter “G Village”).

(2) The plaintiff B is a person elected as the Self-Governing Council of G Village 2013 and 2014, and the defendant C is a person elected as general secretary in 2013.

B. On November 15, 2012, the Plaintiff newly built the Plaintiff’s building (i) is H 55 square meters in Yangyang-si located in G village (hereinafter “instant land”).

(2) On November 30, 2012, G Village Self-Governing Council opposed to the Plaintiff’s new construction of a multi-household detached house.

Accordingly, the Plaintiff: (a) divided the instant land into two parcels; (b) decided to newly construct a single house with two households; and (c) obtained a building permit for a single house with H large 278m2 from the Namyang-si mayor on June 4, 2013.

3) On June 5, 2013, G Village Self-Governing Council held an extraordinary general meeting on the Plaintiff’s land division and new construction of detached houses on June 5, 2013 and resolved to oppose the Plaintiff’s land division and new construction of detached houses by 14 households by participating in voting and opposing votes 1, 1, 1, 12. [Grounds for Recognition], 3, 12, and 16 (including virtual numbers), and the purport of the entire pleadings.

2. Judgment on the plaintiff's assertion

A. The Plaintiff asserted that the Defendants led the Plaintiff’s self-governing council resolution in the purport that the Plaintiff is opposing the construction of a multi-household detached house or a two-generation detached house on the instant land, putting a banner up against the new construction of a two-generation detached house, and prevented the Plaintiff from entering a construction vehicle that passes through a road in G village by preventing the passage of construction vehicles.

The Defendants are liable to compensate the Plaintiff for damages caused by the aforementioned tort.

Therefore, the Defendants jointly share the Plaintiff 11,500.

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