건물인도 등
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. The reasoning of the court’s explanation concerning this case is as follows, and the reasoning of the judgment of the court of first instance is the same as that of the judgment of the court of first instance, except for further determination of the Plaintiff’s assertion as follows. Thus, this is acceptable in accordance with the main sentence of
2. Parts to be determined additionally
A. The plaintiff asserts that the store of this case first has independence under the Aggregate Buildings Act, but the defendant was able to rent the store of this case and change the above store structurally.
However, it is not sufficient to recognize that the defendant changed the structure of the store of this case only with the descriptions of No. 9-1 to No. 14, and there is no other evidence to acknowledge it. Thus, the plaintiff's above assertion is without merit.
B. The Plaintiff asserts to the effect that, as the Defendant unfairly occupied the instant store without paying monthly rent to the original owner of the instant store for a few years, the Plaintiff must comply with the Plaintiff’s request for extradition.
However, in the instant lawsuit, the Plaintiff’s claim for delivery of a building on the premise that the Plaintiff acquires the ownership of the instant store, and that the Defendant has a legitimate title to possess the instant store constitutes grounds for defense. As seen above, the instant store cannot be the object of sectional ownership because it fails to meet the structural and usage independence, and thus, the Plaintiff cannot acquire the ownership of the instant store. Therefore, the Plaintiff’s above assertion is without merit.
3. In conclusion, the plaintiff's claim of this case should be dismissed as it is without merit. The judgment of the court of first instance is just in conclusion, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.