양수금
1. The judgment of the court of first instance is modified as follows.
Defendant B shall pay to the Plaintiff KRW 878,864 and KRW 1,00 from March 26, 2016.
1. The reasoning of the judgment of the court of first instance cited the same reasoning as that of the judgment of the court of first instance, except for a change as described in the following 2.2. Thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil
( short-name). 2. A change in the part 2. A change shall be deleted from 9.1 to 3.0, and the following shall be added:
In a case where “the exercise of the right is intended to inflict pain on the other party, and there is no benefit to the other party and it can be seen that there is an objective violation of social order, the exercise of the right is not allowed as an abuse of rights. The subjective requirement that the exercise of the right is to inflict pain or damage on the other party can be ratified by the objective circumstance, which lacks legitimate interest of the right holder (see, e.g., Supreme Court Decisions 93Da4366, May 14, 1993; 91Da27273, Oct. 25, 1991; 2003Da40422, Nov. 27, 2003; 2004Da71522, 71539, Mar. 24, 2005; 2005; and 301 through 7039, Jan. 14, 2005).
① Since the construction of the first building around June 12, 1981 and the second building around November 16, 1961, it has been maintained without removal, extension, and reconstruction for a considerable period of time until now. Nevertheless, the owners of the first and second buildings including Defendant B and C have been moving.