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2025-12-23

Case Studies | Abuse of Litigation by the Opposing Party?! Defendant Prevails in Tort Damages Claim

德益實務案例 對造濫訴 我方侵權行為損害賠償 勝訴


Relevant Legal Provisions


Civil Code Article 184:A person who, intentionally or negligently, unlawfully infringes upon the rights of another shall be liable for damages. The same applies where a person intentionally causes damage to another by means contrary to good morals.


Facts and Reasons


In other cases, the plaintiff repeatedly applied for the auction of mortgaged property, filed actions to confirm the nonexistence of inheritance rights, sought damages, and demanded performance in kind to offset obligations, all on the basis of the same alleged fictitious claim.

That fictitious claim had already been definitively adjudicated and determined by judicial judgments; nevertheless, the plaintiff continued to list the defendant and third parties as parties or related persons in various cases, thereby causing numerous inconveniences to the lives of the defendant and the third parties.


Judgment


The plaintiff's claim is dismissed, and litigation costs shall be borne by the plaintiff.

Upon review, based on the evidence and statements submitted by the plaintiff, this Court is unable to determine what rights of the plaintiff were allegedly infringed by the defendant, or under what legal relationship or legal provisions the plaintiff seeks compensation from the defendant. The plaintiff failed to present evidence proving that the defendant committed any tortious act against the plaintiff or that any other civil law claim exists. The plaintiff's assertions are without merit and shall therefore be dismissed.


(Some details of the case have been adjusted or omitted to protect the parties' rights.)

Attorneys:Vincent HuangKevin Yu

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