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(영문) 창원지방법원 2016.06.21 2015가단11291
손해배상(기)
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. Plaintiff A is the owner of the 4,5th floor parking lot (hereinafter “instant parking lot”) of the 4, 5th floor in Kimhae-si (hereinafter “instant commercial building”); Plaintiff B is the lessee of the instant parking lot from Plaintiff A; Defendant C is the owner of the instant commercial building 106 and Defendant E is the 101 owner of the instant commercial building; Defendant D is the head of the management office of the instant commercial building.

B. On June 14, 2013, Plaintiff B leased the instant parking lot from Plaintiff A to KRW 5,000,000, and KRW 500,000 for monthly rent, and operated it as a parking lot.

C. The second and third floors of the commercial building in this case are parking facilities for the sectional owners, and are co-ownership of the sectional owners of the commercial building in this case.

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

2. The assertion and judgment

A. The Plaintiffs 1) Plaintiff B, after renting the instant parking lot with the consent of the merchants, set up and operated a parking lot at the entrance of the instant 2nd floor parking lot (hereinafter “instant parking lot”). On January 2014, the merchants were unfairly demanded the Plaintiff to suspend the instant 2nd and third floor business and move the place of business to the fourth floor.

Accordingly, the plaintiff B moved the parking lot of this case to the fourth floor entrance with the consent of the merchants.

B) Nevertheless, around October 18, 2014, the Defendants, without the consent of the Plaintiffs, moved to the entrance of the second floor parking lot of this case and the inner house (one cash register, one thousand-type air-conditioning, one portable air-conditioning), which were set up at the entrance of the fourth floor parking lot, to the entrance of the second floor parking lot, and rejected the return thereof, thereby preventing the Plaintiff B from operating the parking lot business. C)

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