(영문) 부산지방법원동부지원 2015.05.07 2014가합102080

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(영문) 부산지방법원동부지원 2015.05.07 2014가합102080

손해배상(기)

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is an association established for the purpose of the redevelopment project with the area of the project, which is located in the area of the project of the Nam-gu Busan metropolitan area of 71,846 square meters. The Defendant owned the area of 131.9 square meters in Nam-gu, Busan metropolitan area and is a co-chairperson of the “A Emergency Countermeasures Committee” against the Plaintiff’s redevelopment project.

B. On April 13, 2007, the Plaintiff’s association establishment authorization was authorized on May 15, 2008, authorization for project implementation was granted on June 22, 2012, and the authorization for project implementation was issued on August 2, 2013, and the Plaintiff’s relocation to the association members and tenants began.

The purport of the whole pleadings and arguments of the evidence Nos. 1, 2, and 3-1, 2, and 4-1, 2, and 4-2, 7, and 9, respectively, and the purport of the whole pleadings and arguments.

2. Determination as to the cause of action

A. The gist of the party’s assertion argues that the Defendant, in order to obstruct the Plaintiff’s redevelopment project, should pay to the Plaintiff the amount equivalent to the purport of the claim, which is part of the 175,782,348 won in total of the penalty for delay and the management expenses incurred from the removal of the building in the project area, on the ground that the Plaintiff incurred losses due to delay in the Plaintiff’s implementation of the project, by installing a banner stating the false fact that “the consent ratio for the dissolution of the association does not amount to 50%, in preparation for an objection to the receipt of an objection by the South-gu Office that completed the 50% consent

As to this, the defendant asserts that the plaintiff's change of the business action plan and the approval plan for the management and disposal plan are invalid due to violation of relevant laws and regulations, and the contents of the banner are not false, and that the relocation of union members is delayed or the plaintiff's business is not delayed, and the causal relationship with the damage claimed by the

B. Determination of the scope of compensation for damage caused by tort.

유사 판례

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