건물등철거
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The facts that the Plaintiff owned the building indicated in the attached Form (hereinafter “301 store”) and the Defendant’s store and the partitions (hereinafter “instant partitions”) of the 301 unit and the 303 unit of the 303 unit of the 303 unit of the 3nd building of the 303 unit of the 303 unit (hereinafter “303 unit”) may not be disputed between the parties, or may be acknowledged by the statements in the evidence No. 1 and No. 2 of the 301 unit.
2. The assertion and judgment
A. The part (A) of the ship connecting each point of 1, 2, 3, 4, and 1 in the annexed drawing indicating the Plaintiff’s assertion is installed with cement brick partitions with the length of 303 units and 8.55 meters at the distance of 301 units and 301 units, which constitute the boundary of 303 units and 301 units. The part in the dispute of this case is originally part of the 301 unit store, and the area of the 301 unit store is installed.
Therefore, the defendant is obligated to remove this to the plaintiff and deliver the part of this case subject to the request for extradition.
In addition, as the partitions of this case is over 301 stores, the Plaintiff did not lease approximately 301 stores for about 21 months from December 3, 2015 to August 2017, thereby suffering losses of 31,50,000 rent (=1,500,000 x 21 months x 21 months) during the 21-month period calculated as 1,50,000 won (= 1,500,000 x 21 months) and even though it did not lease 301, it did not lease 29,709,000 won per month as management fee (=129,000 x 21 month). Thus, the Defendant is liable to compensate the Plaintiff.
In addition, the Defendant, for the period from October 201 to August 2017, 201, obtained a total of KRW 6,063,120 as the possession and use of the instant dispute part for the period of 70 months from October 201, and thus, is obligated to return it.
Therefore, the Defendant is obligated to pay to the Plaintiff the sum of KRW 40,272,120 (= KRW 31,50,000, KRW 2709,000) and damages for delay.
B. We examine the judgment, Article 84 of the Building Act, and Article 84.