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(영문) 수원지방법원성남지원 2020.11.25 2019가단232276
실외기등 철거
Text

The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

A. The Plaintiff, as the lessee of the building C (hereinafter “the instant building”) D (hereinafter “Plaintiff’s store”), operates food restaurants in the name of “E” in the said store. The Defendant is operating a restaurant in the name of “G” as the lessee of the instant building F, adjacent to the Plaintiff’s store (hereinafter “Defendant store”).

B. The Defendant installed three air conditioners and five high-pressure gas stations in the part of the ship which connects each point of the attached drawings 1, 2, 3, 4, 5, 6, 7, 8, and 1 located around the outer wall columns located in the front of the Plaintiff and the Defendant shop (hereinafter “instant outdoor equipment, etc.”).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings

2. Determination as to the cause of action

A. The defendant is obligated to remove the outdoor equipment of this case for the following reasons.

1) The lessee of the Plaintiff shop has the right to possess and use not only the section for exclusive use inside the store but also the section for the front of the store. The Defendant violated this right by installing the outdoor equipment, etc.

C. Furthermore, as the Defendant promised to remove the instant outdoor equipment, etc. to the Plaintiff, the Defendant is obligated to remove the said equipment in accordance with the above agreement. (B) According to the evidence No. 12 as to whether the Plaintiff had possessed possession of the installation part of the instant outdoor equipment, etc., according to Article 14 of the Standard Management Rules for the instant building, “the sectional owner shall be in front of balcony, beer, beer, story, creative frame, windows, and commercial buildings as stipulated in the attached Table 2.

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