beta
(영문) 서울중앙지방법원 2015.10.14 2014나66337

건물명도 등

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

Claim:

Reasons

The plaintiff among the judgment of the court of first instance, dismissed the plaintiff's claim against the defendant company seeking the removal of the steel stairs of this case and restoration to the original state of the second floor slives of this case (hereinafter referred to as "the scope of appeal trial") and maintained an appeal only for the part against the plaintiff, and all appeals against the remaining part against the plaintiff were withdrawn. Thus, the appeal court shall be determined only within

The grounds for the judgment of the appellate court are as follows: (i) the corresponding part of the grounds for the judgment of the first instance (from the second to the 8th under the second to the 7th under the 8th under the 10th under the 10th judgment; (ii) the part related to the scope of the judgment of the appellate court among the "basic facts of the first instance"; (iii) the part related to the scope of the judgment of the appellate court from the 6th to the 10th under the 8th under the 8th to the 8th under the 8th under the judgment of the first instance; and (iv) the part related to the claims against the defendant company from the 12th to the 11st under the 13th above the 4th above in the judgment of the first instance; and (i) the removal of the steel stairs of the second floor and the determination on the restoration to the original and the request for extradition". Accordingly, they are cited pursuant to the main sentence of Article

However, we add the following judgments as to the plaintiff's assertion.

The Plaintiff merely expressed the purport of “to the maximum extent possible use of the entrance and exit,” and “joint use of the main entrance and exit,” in the content certification (hereinafter referred to as “content certification”) dated October 19, 2010, sent to the Defendant Company prior to the installation of the instant steel stairs. As such, the Plaintiff’s consent on the installation of the instant steel stairs cannot be inferred on the basis thereof.

In addition, at the time of the installation of the steel stairs of this case, the Plaintiff listens to the advice of J attorney to the effect that the Defendant Company “satising to exercise physical power and resisting the Defendant Company.” At that time, the Plaintiff’s employees, thereby installing stairs on the part of the Defendant Company.