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(영문) 서울고등법원 2015.12.10 2015나2011128

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

(a)..

Reasons

1. Basic facts

A. On December 2001, the Defendant purchased the first floor No. 119 (hereinafter “the second floor shop”) moving to the 2nd floor of the commercial building located on the 1st floor located on the 2nd floor located on the 1st floor located on the 2nd floor located in Yongsan-gu, Yongsan-gu, Yongsan-gu, Incheon-gu, Incheon-si, and the second floor No. 215 (hereinafter “the second floor shop”) (hereinafter “the first floor shop”) and the second floor No. 215 (hereinafter “the second floor shop”), which is the above 1st floor store, and operated clothing sales stores at the 2nd floor store for the purpose of preventing theft, etc. by installing stairs directly connecting the key stores (hereinafter “the instant stairs”).

B. On January 21, 2002, each collective building ledger was prepared according to the conversion process of the building ledger around January 21, 2002 for the first and second floor stores, and the defendant completed the registration of ownership transfer in the future as a separate building with respect to the issues around February 7, 2002 stores.

C. Although public stairs and public corridors have been installed in the above building where the points at issue are located, the second floor store was able to have access only through the first floor store using the instant stairs due to the closure of the entrance of the second floor store above by the Defendant.

On February 2, 2002, the Defendant: (a) sold the first floor store to E; (b) sold the Plaintiff’s father F with the second floor store; (c) leased each of the above stores and continued the operation of the clothing sales store; and (d) in particular, the Defendant concluded a lease contract under the name of the joint Defendant C Co., Ltd. (hereinafter “C”) operated by the Defendant, and agreed to restore the instant stairs to its original state at the time of termination of the lease.

E. Around March 2002, the Defendant completed the registration of ownership transfer for each of the above stores with E and F according to the above sales contract, and F completed the registration of ownership transfer for the second floor store to the Plaintiff, his father, on December 14, 2006.

F. The defendant shall do so.