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(영문) 대구지방법원 2018.10.31 2018나5674
손해배상(기)
Text

1. The plaintiff's appeal against the defendant (appointed party) and the appointed party is dismissed in entirety.

2. The appeal costs are assessed against the Plaintiff.

Reasons

1. Basic facts

A. On August 31, 2017, F Housing Redevelopment and Improvement Project Association (hereinafter “instant partnership”) received a decision against the Defendant on temporary injunction against the transfer of real estate possession ( Daegu District Court Decision 2017Kadan32179, hereinafter “instant provisional injunction”) against the Defendant of the Daegu-gu G building and H.

B. On September 8, 2017, enforcement officers: (a) the Daegu-gu G Building, which is the object of the execution of the instant provisional disposition; (b) the designated representative C (Attorney I affiliated with Law Firm I) who is the representative of the instant association; and (c) the Defendant and the designated representative D who is the said employee; and (d) executed the instant provisional disposition.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. The judgment of the court below is justified, since the defendant and the designated parties suffered from the plaintiff's malodor by opening a door with the malodor and suffering from the plaintiff's work in order to execute the provisional disposition of this case without permission, and the plaintiff and the designated parties are responsible for compensating for the above damages. However, the evidence submitted by the plaintiff alone is insufficient to recognize the above assertion, and there is no other evidence to acknowledge it. Thus, the plaintiff's assertion is without merit.

3. In conclusion, the plaintiff's claims against the defendant, the designated parties C, and D shall be dismissed as all of them are without merit, and the judgment of the court of first instance is just in conclusion, and it is so dismissed in all of the appeals against the defendant, the designated parties C, and D. It is so decided as per Disposition.

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