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(영문) 서울서부지방법원 2016.05.03 2014가단49374
손해배상
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. The Plaintiffs asserted that they were children of the deceased deceased D (hereinafter “the deceased”), who died on May 13, 2014, and the Defendant is the deceased and the surviving spouse.

After the death of the deceased, the Plaintiffs entered the workplace operated on the old G floor, such as the first floor of Eunpyeong-gu Seoul Metropolitan Government F, in the name of the deceased as an inheritor, but the Defendant obstructed the Plaintiffs’ entry by reporting to the police, etc.

In addition, the Defendant committed an unlawful act by removing the Plaintiffs who are co-inheritors, and closing the above “E” after receiving the lease deposit from the said place of business, and registering the business with the trade name “H”. The Defendant committed an unlawful act by taking out the goods inside the place of business and recovering claims against the customer.

Furthermore, even though the plaintiffs made a decision to partially accept the plaintiffs' applications by applying for provisional injunction against interference with inheritance affairs against the defendant, the defendant is obstructing the succession affairs of the plaintiffs without disregarding the court's decision.

The damages of the plaintiffs due to the above tort committed by the defendant constitute approximately KRW 250 million (=indirect compulsory performance amount of KRW 500,000 】 500,000 x 500 days on the date of the violation of the provisional disposition decision). The plaintiffs seek payment of KRW 30

2. On November 6, 2014, the lower court filed an application against the Defendant for provisional disposition prohibiting the obstruction of inheritance business with the Seoul Western District Court 2014Kahap253, and the said court rendered a provisional disposition order stating that “not later than the final and conclusive judgment of the claim for inheritance recovery, etc. between the Plaintiff and the Defendant, the Defendant shall obstruct the Plaintiffs from entering the said workplace or identifying materials, accounts receivable, etc., and not sell or take out the goods produced at the said workplace without the Plaintiffs’ consent, and in the event of the violation, pay 500,000 won per time of the violation to the Plaintiffs.” Accordingly, the Defendant filed a provisional disposition objection under the above court 2015Kahap171.

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