건물등철거
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
The relevant Defendant, from the beginning of 2005, operates a English private teaching institute with the trade name “D” in subparagraphs 217 and 218 of the instant building, and the Plaintiff is operating a English private teaching institute with the trade name “E” from June 20, 2016 to June 20, 2016.
On June 22, 2010, the board of directors of the instant building management body decided to install the cooling and heating apparatus to be used in the above Hanwon in the process of converting the cooling and heating methods of the first and second floor of the instant building into individual cooling and heating from the existing central cooling and heating, and the detailed construction supervision was delegated to the management office.
After that, the Defendant received some of the installation costs from the shopping mall and installed the instant outdoor equipment with a size of 90cm wide and 112.5cm vertical length under the supervision of the management office on July 2010.
On the other hand, the outdoor exit of this case is located immediately below the small windows of 318.
[Grounds for recognition] There is no dispute, and as a result of the fact-finding on Gap evidence Nos. 1 (including each number; hereinafter the same shall apply) through 3, 5, 12 evidence, Eul evidence Nos. 1, 4-1, and 4-2, and the fact-finding on Eul management body, the plaintiff asserted that the purport of the whole pleadings was asserted by the plaintiff, as part of the defendant's claim for the removal of the outdoor space of this case as part of the defendant's installation of the outdoor space of this case, the right of possession against the plaintiff Nos. 317 was infringed, and as part of the defendant's claim for the removal of the outdoor space of this case, the defendant did not infringe the plaintiff's right of possession, and even if some infringement was
Before determining whether the Plaintiff infringed the Plaintiff’s right of possession, the following facts and circumstances, i.e., ① the instant outdoor equipment, taking into account the factual basis, the respective descriptions or images of evidence Nos. 3-2, 3-3, 5, 12, and 13, the images of evidence Nos. 1-2 through 1-5, and the overall purport of the pleadings, prior to determining whether the Plaintiff infringed the Plaintiff’s right of possession.