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1.The judgment of the first instance, including the claims extended in the trial, shall be modified as follows:
The defendant.
Reasons
1. Basic facts
A. On March 26, 2010, the Plaintiff entered into a lease agreement with C to lease Nos. 405 and 406 (hereinafter “instant store”) of the fourth floor of the Dollyang-gu Seoul Metropolitan City D Building owned by C, and thereafter operates a mutual reference point of “E” from May 16, 2010 to the instant store.
B. The Defendant is a lessee referred to in subparagraphs 403 and 404 adjacent to the instant stores, and operates the F from May 2009 to the trade name “F.”
C. From May 2009 to October 1, 2013, the Defendant posted a picture and advertisement with a width of 120 centimeters and length of 60 centimeters on the wall of a corridor (hereinafter “instant wall”) among the walls that are bordered between the instant store and corridor (hereinafter “instant boundary wall”).
【Ground of recognition】 The fact that there is no dispute, Gap Nos. 1, 19, 20, 24, Eul’s evidence No. 2, Eul’s on-site inspection result, the purport of the whole pleadings
2. The plaintiff's assertion
A. The instant wall that is premised on the premise falls under the section of exclusive ownership that belongs to the instant store leased by the Plaintiff. The Defendant illegally occupied the instant section of exclusive ownership leased by the Plaintiff by means of attaching pictures and advertisements on the instant wall from before the Plaintiff leased the instant store to October 1, 2013.
B. The Defendant occupied and used the instant wall without title from May 16, 2010 to October 1, 2013, the main business commencement date of “E”, thereby making it impossible for the Plaintiff to use the instant wall for publicity purposes, such as advertising at the main place in the Plaintiff’s operation. Accordingly, the Plaintiff suffered damages equivalent to the rent in the event that the instant wall is used for publicity purposes, such as advertising.
Therefore, the defendant is obligated to pay 1,419,950 won, which is the above rent, to the plaintiff as a result of the performance of liability for damages caused by the tort.
(c)the cost of interior works.