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(영문) 광주지방법원 2017.06.16 2016나60088
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. Due to the Plaintiff’s unlawful removal, the Plaintiff is liable for compensating the Plaintiff for damages equivalent to KRW 10,000,000,00 for business losses for about five months from November 27, 2015 to March 15, 2016 (=2,00,000 won x 5 months), ② damages equivalent to KRW 3,50,000 due to the loss of equipment, such as cooling and cooling, crying, and crying, so the Defendant is liable for compensating the Plaintiff for such damages. Since the Plaintiff suffered emotional distress due to the Defendant’s unlawful removal, the Plaintiff is liable for compensating the damages amounting to KRW 10,00,000.

2. Judgment on the plaintiff's assertion

A. 1) The Plaintiff and G are married couple. G is one of the married couple. On March 15, 2006, the third floor of 107.19 square meters among the cement brick slves roof of Gwangju Dong-gu and H ground cement brick slves (hereinafter “instant building”).

2) The Plaintiff and G have leased the instant building from F, the owner of the instant building, and operated the real estate service business in the name of E from January 27, 2011. (2) The Plaintiff and G have been under business operation in the instant building. As the instant building was under business operation, part of the instant building was used as E’s office, and sub-lease 301 to I, 302 to J, and 305 to K for their residence.

(hereinafter referred to as "I, etc.") When all the above sub-lessees are named, the head of Dong-gu, Gwangju Metropolitan City (hereinafter referred to as "Dong-gu") shall be the same.

(1) On November 24, 201, the Seoul Special Metropolitan City (hereinafter referred to as the “instant project”) shall be the Seoul Road Construction Works Co., Ltd. (hereinafter referred to as the “instant project”).

The instant building is located within the instant business area. (4) G died on October 3, 2013, and G’s heir is the Plaintiff and his father.

5 The plaintiff filed a petition with the head of Dong/Dong for adjudication against the plaintiff's losses incurred in the business operation of the building in this case caused by the project in this case. On June 3, 2014, the head of Dong/Dong filed a petition for adjudication, not on the grounds that the plaintiff is not a person eligible for compensation for losses.

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