1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff is a resident of Dongjak-gu Seoul Metropolitan Government C Apartment 105 Dong 606, and the Defendant, the upper floor of the above apartment, was a resident of 706, the upper floor of the apartment, and has been disputing the noise problem between the apartment floors.

B. On July 12, 2012, the Defendant filed a complaint with the investigative agency on July 12, 2012 to the effect that “Around June 22, 2012, the Plaintiff filed a complaint with the Defendant to the effect that he was suffering from injury, such as inception, which requires treatment for about 14 days as he was unable to enter the 6th apartment.”

C. The Plaintiff was sentenced to a fine of 500,000,000 won on May 22, 2013, 2013, on the ground of the crime of injury, which was committed by the following: “Around 08:00 on June 22, 2012, the Plaintiff was getting on and off the elevator of the above apartment, and was dissatisfied with the Defendant. The Defendant reported that the Defendant was following the Defendant, and the Defendant got off the Defendant’s chest by hand. Accordingly, the Plaintiff was sentenced to a fine of 50,000,000 won on the part of the Defendant.”

(Seoul Central District Court 2012 High Court 5829). D.

The appellate court (Seoul Central District Court 2013No1701) proceeding upon the plaintiff's appeal is difficult to believe the defendant's statement on August 22, 2013 due to the reason that the plaintiff and the defendant did not have any physical contact. Therefore, it is difficult to readily conclude that the evidence submitted by the prosecutor alone proves that the fact that the plaintiff was pushed down with the defendant's chest without any reasonable doubt.

The judgment of innocence was rendered on the ground that "the plaintiff was acquitted."

The Prosecutor appealed on November 14, 2013, but the final appeal was dismissed (Supreme Court Decision 2013Do10841).

E. Afterwards, the Plaintiff filed a complaint against false facts and made a false statement in the court. However, the Defendant was subject to a disposition of non-prosecution on February 12, 2015 (defluence of evidence) and the Plaintiff’s appeal was dismissed.

Therefore, the plaintiff filed an application for adjudication with Seoul High Court Decision 2015 Initial 1665.