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(영문) 서울서부지방법원 2019.08.23 2018나2992
위자료
Text

1. All appeals by the plaintiff (appointed party) are dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Appointed Party).

Reasons

1. Basic facts

A. The Plaintiff and the designated parties are married couple, and they are aggregate buildings composed of the first underground floor in Seodaemun-gu Seoul on April 30, 2003, the fourth floor above ground, the fourth floor above ground, and the first household.

(hereinafter referred to as "G Lending") H shall complete the registration of ownership transfer in the name of a selected person and reside therein.

B. Defendant B and C are married, Defendant D is a married couple, Defendant D is a married couple, Defendant D is a married couple, and Defendant B completed the registration of ownership transfer on December 16, 2005, and is residing in Defendant C and D, as well as G lent I.

C. Around May 13, 2018, Defendant D filed a civil petition (hereinafter “instant civil petition”) stating that “Seoul 120 Dacccol Center” had a malodor of living from Ga H to 5 years, and that the cause thereof is identified. On May 14, 2018, Defendant D visited Seodaemun-gu Seoul Metropolitan Government Environment and Environment Bureau of the Seodaemun-gu Seoul Metropolitan Government, and J and K visited Ga H H who are public officials belonging to the competent department, and notified Defendant D of the result of the instant civil petition treatment with the following content.

The person in charge visit the relevant lending to deliver a civil petition and provide administrative guidance so that malodor generation can be minimized.

In the future, many attentions have been asked for correction, and in the future, the audit has been conducted once again.

Furthermore, I will look at the following contact points and provide the information so far as possible:

[Ground of recognition] Facts without dispute, entry of Gap evidence 1, 2, and 10, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion Defendants, in collusion with the Plaintiff, filed a false civil petition with the effect that a bad malodor occurred even though malodor was not produced in GGL H H, in which the Plaintiff and the designated parties reside, and the public officials in charge visit GG H H, and had the Plaintiff and the designated parties investigate, and thus, committed tort against the Plaintiff and the designated parties.

The plaintiff and the designated person are suffering from mental suffering due to the above tort committed by the defendants.

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