(영문) 서울고등법원 2017.11.09 2017나2021600

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(영문) 서울고등법원 2017.11.09 2017나2021600

손해배상(기)

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1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1..

Reasons

1. In the first instance trial, the Plaintiff filed a claim against the Defendant for removal of the pipelines of this case (hereinafter referred to as “the first claim”), ② a claim for removal of the extension part of this case (hereinafter referred to as “the second claim”), ③ a claim for damages due to a tort caused by the pipelines of this case and the extension part of this case (hereinafter referred to as “third claim”), and the first instance court rendered a judgment dismissing the remainder of the first and third claims (hereinafter collectively referred to as “the first and third claims”) on April 4, 2017.

As to this, only the plaintiff appealed against the part against the plaintiff among the judgment of the court of first instance, the actual subject of adjudication of this court is limited to the part against the plaintiff among the judgment of the court of first instance, which is the part against the plaintiff.

2. Basic facts

A. The Plaintiff is the owner of the real estate listed in attached Table 3 List 1 (hereinafter “Plaintiff’s real estate”). The Defendant is the owner of the real estate listed in attached Table 3 List 2 (hereinafter “Defendant’s real estate”).

B. The Plaintiff’s real estate and the Defendant’s real estate are all divided sections of the aggregate building (hereinafter “the instant aggregate building”) constructed on the ground of E, E, 2,192 square meters, C, 1,481 square meters, and D, 1,170 square meters (hereinafter “instant site”). The Plaintiff is a share indicated in the column for indicating “the site right” of the real estate in attached Table 3(1) of the instant site for the purpose of owning the Plaintiff’s real estate’s exclusive ownership.

In order to own exclusive ownership of the Defendant’s real estate, the Defendant is the share indicated in the column for “the indication of a site right” of the real estate in attached Table 3 List 2 of the shares in part of the instant site.

The right to a site is owned.

C. There is a pipeline installed between the ceiling of the Plaintiff’s real estate and the floor of the Defendant’s real estate.

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