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(영문) 창원지방법원 마산지원 2021.01.20 2018가단107179
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. Basic facts

A. On August 3, 2016, the Plaintiff purchased 370 square meters from Changwon-si, Changwon-si E large 370 square meters (hereinafter “former E”) from D, and completed the registration of the transfer of ownership in the name of the Plaintiff on August 4, 2016.

B. On May 18, 2017, the Plaintiff purchased 182m2 square meters (hereinafter “instant G land”) from the F in Changwon-si, Changwon-si, Changwon-si, Masan-si, and completed the registration of transfer of ownership in the Plaintiff’s name on the same day.

(c)

Before the annexation, land E and the instant G land were combined with the E-gu, Changwon-si, Changwon-si, Masan-si, 552 square meters (hereinafter “instant land”).

(d)

On December 23, 2016, the Plaintiff concluded a contract with H Co., Ltd. (hereinafter referred to as “H”) for the construction of a building listed in the separate sheet (hereinafter referred to as “instant building”) on the instant land by setting the construction period from December 26, 2016 to June 30, 2017, with the construction cost of KRW 420 million.

E. The Plaintiff obtained approval for the use of the instant building on October 26, 2017, and completed the registration for the preservation of ownership in the Plaintiff’s name on November 20, 2017.

F. On January 16, 2018, the Plaintiff completed the Plaintiff’s business registration with the trade name “I,” and is running a restaurant business (hereinafter “instant restaurant business”) in the instant building from that time.

[Ground for recognition] Unsatisfy, Gap evidence Nos. 1, 2, 15, Eul evidence Nos. 2, Eul evidence Nos. 2, 30, 39 through 41 (including various numbers), the purport of the whole pleadings

2. Summary of the plaintiff's assertion

A. Defendant B interfered with the Plaintiff’s instant construction as set forth in paragraph (1) below, and interfered with the Plaintiff’s instant restaurant business as set forth in paragraph (2) below.

1) On February 6, 2017, Defendant B’s order issued by Defendant C around 12:00 and go to the construction site of this case on the roads in front of Changwon-si, Changwon-si, Changwon-si, J., for the purpose of preventing two cost-of-way transportation vehicles from passing through the construction site of this case. The Plaintiff’s construction work of this case is prohibited.

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