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(영문) 서울북부지방법원 2016.07.12 2015나4007
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. Basic facts

A. The Plaintiff and the Defendant, as the members of the Association of D Religious Organizations E (hereinafter “E branch”) located in Gangnam-gu Seoul Metropolitan Government (hereinafter “E branch”), have been in conflict with each other in relation to the operation of the church (hereinafter “Plaintiffs E branch” in relation to E branch, and the members who share the same position with the Plaintiff shall be “Plaintiffs side” and the members who share the same position with the Defendant shall be “Defendants side”).

In order to prevent the Plaintiff’s members from having access to the church and attending the worship, the Defendant applied for provisional disposition prohibiting access by the Seoul Northern Site Method 2012Kahap613 against the Defendant’s members, including the Defendant. On November 8, 2012, the said court rendered a decision on November 8, 2012 that “the Defendant, etc. shall not interfere with the Plaintiff’s exercise of rights as a member of the Egyptian association, including access to, and access to, the Egyptian real estate” (hereinafter “instant provisional disposition order”).

C. Nevertheless, the Defendant’s members interfered with the Plaintiff’s access to the Escopies over several occasions, including around 10:30 on November 16, 2012 and around 17:00 on December 15, 2012.

Accordingly, on November 16, 2012, nine persons, including Defendant F and G, were convicted of violation of the Punishment of Violences, etc. Act (joint coercion) on December 15, 2012 by two persons, including F, on the part of Defendant F, on March 11, 2016.

(Seoul Northern District Court 2013 Highest 2673 (2014 Highest 4501). The above case is currently pending in the appellate court due to appeal of F and G, etc.

(Seoul Northern District Court 2016No534). 【Ground for Recognition】 The fact that there is no dispute, Gap evidence 1, 2, and 13, and the purport of the whole pleadings.

2. The assertion and judgment

A. The gist of the Plaintiff’s assertion is to prevent the Plaintiff from entering the Ecom Association with F and G around November 16, 2012 and around December 17:00 on December 15, 2012, even if the Defendant did not interfere with the Plaintiff’s access to the Ecom Association according to the instant provisional disposition order, and to prevent the Plaintiff from entering the Ecom Association.

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