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(영문) 부산지방법원 2019.09.04 2018나58691

원상회복 등

Text

1. The plaintiff's appeal and the claim added in the trial are all dismissed.

2. The costs of the lawsuit after the appeal are filed.

Reasons

In the court of first instance, the plaintiff filed a claim against the defendants for removal of a temporary site, the return of unjust enrichment, and the cancellation of the registration of chonsegwon against the defendant company. The court of first instance accepted the plaintiff's claim against the defendant company for cancellation of the registration of chonsegwon, and dismissed the plaintiff's remaining claim against the defendant company and the defendant C respectively.

As to this, the plaintiff and the defendant company appealed against the defendant company, and the plaintiff withdrawn the claim for cancellation of the registration of the establishment of chonsegwon against the defendant company, so the appeal by the defendant company is not subject to appeal. Thus, it is not judged separately as to the appeal by the defendant company, and it is judged only to each of the above claims of the plaintiff, including the plaintiff's request for restoration of the floor boundary mark added

Basic Facts

The Plaintiff is a co-owner of each of the real estates 1, 2, i, d, and G stores (hereinafter collectively referred to as “each of the instant stores”), listed in the separate sheet, among the 12th floor above ground and the 6th underground floor commercial buildings (hereinafter referred to as “instant buildings”) located outside Busan Northern-gu, Busan, and is a co-owner of each of the instant stores when separately named.

In order to operate a large store (E) in the instant building, the Defendant Company entered into a lease agreement (hereinafter “instant lease agreement”) on March 11, 2010 between 137 persons holding the sectional ownership of the store in the instant building, including the Plaintiff, and the agent I, who is comprehensively delegated with the authority to enter into the lease agreement on the instant building with the agent I, who is comprehensively delegated with the authority to enter into the lease agreement on the instant building by the total number of 137 persons holding the sectional ownership of the store in the instant building (hereinafter “the instant lease agreement”).

In addition, the defendant C is a merchant who enters into a contract with the defendant company in F and is operating the business.

On March 9, 2010, the Plaintiff delegated the right to enter into a lease contract to I as a sectional owner.