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(영문) 서울중앙지방법원 2015.06.03 2014가합561135
손해배상(기) 등 청구
Text

1. The Defendants jointly share KRW 5,00,000 with respect to the Plaintiff, and 5% per annum from September 16, 2014 to June 3, 2015, respectively.

Reasons

1. Basic facts

A. Defendant A related to the parties is a person who leased a store (B20) in E stores (hereinafter “instant shopping mall”) in Overcheon City D, and Defendant B is a person who operated clothes in the said store together with Defendant A as the words of Defendant A, and Defendant C was a person who operated the store (121) in the instant shopping mall.

The plaintiff is the contractor who performed reconstruction works due to the reconstruction project of F apartment units and the commercial buildings of this case on the land outside of Dongcheon-si D and five lots.

B. 1) F apartment reconstruction housing association (hereinafter “instant reconstruction association”) is the Plaintiff’s association, etc.

A) Around May 2005, the management and disposal plan was authorized by the competent authority, and from June 2005, the relocation of the instant commercial building tenants and the removal of the instant commercial building. The Defendants refused to deliver the store possessed by demanding compensation for losses or loss of operating profit. (2) Accordingly, the instant reconstruction association filed a lawsuit claiming the transfer of the building name against the tenant of the store that refused to move, including the Defendant A (U.S. District Court 2005Ga12516) and received a favorable judgment on August 22, 2006, and the said judgment became final and conclusive around that time.

Accordingly, the reconstruction association of this case completed the removal by being delivered a store possessed by the Defendants, and most of the lessees of 155 stores agreed to compensate for damages with the others except the Defendants among the 108 lessees of the 155 stores.

3) From November 2005 to around the construction site of overcheon Viewing and the above apartment, the Defendants demanded compensation measures, etc. against the instant reconstruction association and Ycheon-si, and installed banners and diskettes, etc., and conducted demonstration by using loudspeakers, etc. from December 2009 to July 2013. The Defendants around Samsung 14-ro 74-gil, Seocho-gu, Seoul, Seocho-gu, the Plaintiff’s private house (the same path 4.

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