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(영문) 서울중앙지방법원 2016.04.19 2015가단199288
손해배상
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. The Plaintiff et al. filed a lawsuit against “D District Housing Redevelopment Project Association” by Seoul Administrative Court Decision 2009Guhap19809, and was sentenced to partial winning of the judgment on November 18, 2010. The Plaintiff appealed and filed an appeal against the said judgment, but all of the appeals were dismissed, and the first instance judgment on February 9, 2012 became final and conclusive.

B. On April 12, 2012, the Plaintiff filed a complaint under suspicion, such as forging a private document, stating that “E, a certified public appraiser affiliated with an appraisal corporation entrusted with appraisal by a court, entered the content of “the reply regarding the request for supplementation of the result of appraisal” in a false manner and forged it.”

Defendant C who worked at the Seocho Police Station at the time investigated the above accusation case.

On June 11, 2012, the above case was forwarded to the prosecutor's office on the charge of non-prosecution (suspected). On June 13, 2012, the prosecutor decided not to prosecute due to the lack of evidence.

C. In addition, on May 22, 2012, the Plaintiff filed a complaint under suspicion of fraud with the purport that “F, the president of the “D District Housing Redevelopment and Improvement Project Association,” “I would make two punishments, and would make the Plaintiff be compensated for more than KRW 10,000,000,000,000,000,000,000,000 won, by deceiving the Plaintiff.”

At the time, Defendant B who had worked in the Sungdong Police Station at the time investigated the above accusation case.

On June 20, 2012, the above case was forwarded to the prosecution by a prosecutor who was not prosecuted (suspected) and the prosecutor decided not to prosecute.

[Reasons for Recognition] Unsatisfy, Eul evidence Nos. 1-7 (including virtual number), the purport of the whole pleadings

2. The Plaintiff asserted and determined that the Defendant C and B, who is a police officer, committed an unlawful act by manipulating documents or abusing official authority in the course of handling each of the above accusation cases, and sent the case to the prosecution. Accordingly, the Plaintiff was monetary, mental, business loss, and health.

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