통행.영업방해 불법 가설설치물 제거
1. The judgment of the court of first instance is modified as follows.
The defendant is the plaintiff (appointed party) building C in Yeonsu-gu Incheon.
1. Facts of recognition;
A. The Yeonsu-gu Incheon Metropolitan City C (hereinafter “instant building”) is an aggregate building that was approved for use on or around December 2010 and consists of E-D commercial buildings and F-dong and F-G Dong residential Dong (multi-family housing).
B. On June 14, 2013, the Defendant, the executor of the instant building, ① the Plaintiff (appointed party; hereinafter referred to as the “Plaintiff”) and the Appointed H purchased the Ddong (hereinafter referred to as the “Cdong”) from among the instant buildings, ② the Plaintiff and the Appointed K purchased the business building Ddong L on April 8, 2013, ③ the Appointed M and K on April 8, 2013, and thereafter completed the registration of ownership transfer in their respective names with respect to each of the above partitioned buildings.
C. The underground first floor parking lot, which is the common use area of the building of this case, is divided into the commercial-dong parking lot and the residential-dong parking lot, and is separately established as the access route to the outside (attached Form 3 (attached Form 2).
(A) The uppermost line of the upper part (if seen in the direction of a route, the upper part) (the upper part) (the upper part) (the upper part of the route is marked with drawings 2, 1, 3, 5, the upper part is a residential Dong parking lot, and the upper part is a commercial Dong parking lot. Meanwhile, the upper part is a residential Dong parking lot, 5, the upper part is an entry road into the outside of the commercial Dong parking lot, 4, and the same drawing is an entry road in the commercial Dong parking lot) and the area where a residential Dong parking lot and commercial Dong parking lot can pass by using a vehicle in the underground first floor parking lot is accompanied by an emergency passage (the part indicated with drawings 1; hereinafter referred to as the “instant emergency passage”).
However, the emergency passage of this case is installed with 8 meters in length and 1.2 meters in height, and a closed-end steel pen (hereinafter “the instant steel pen”). D.
Attached Form 2 GTE3 Emergency Gu (attached Form 2; hereinafter referred to as the “instant emergency district”) is a entrance connecting the parking lot of the first underground floor and the shopping district Ddong, and the privacy and security of residents living in the residential Dong.