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(영문) 서울고등법원 2016.06.24 2015나2070967
시설물철거 및 손해배상
Text

1.The judgment of the first instance shall be modified as follows:

The Defendants jointly do so to the Plaintiff, 1 Seoul Gangnam-guD.

Reasons

1. Basic facts

A. The Plaintiff is the owner of the store No. 214 and No. 215 (hereinafter “instant store”) among the second floor of the building E on the land of Seoul Gangseo-gu and seven lots (hereinafter “instant building”).

B. On June 22, 2007, the Defendants: (a) leased 211 to 217 stores from the sectional owners of the said store, including the Plaintiff; (b) operated the Fence Center; (c) on October 17, 2013, the instant store and 217 did not renew the contract due to differences in opinions as to rent; (d) on October 215, 2013; and (e) on July 214, 2014, the Defendants returned to each owner.

C. Accordingly, the Defendants currently leased only the stores Nos. 211, 212, 213, and 216 (hereinafter “instant insignia center”) and are operating the emblem center. 217, the owner of F, directly operated the garment shop, and the store owned by the Plaintiff, is in the state of public room.

The instant building is an aggregate building consisting of the two underground floors, the neighborhood living facilities, apartments, and officetels of the 20th floor above ground, and the two floors, which are the neighborhood living facilities, are connected with each partitioned building of 201 through 210, as shown in the annexed drawings, and the seven shops, each of which is a sectioned building of 211 through 217, are divided into the adjacent parts, and the above two parts are connected through a tera-type public corridor.

(e) In the stores of subparagraphs 211 through 217, entry into the outside via the elevators and main entrance and exit, after the passage of the common corridor in the center between the stores and the common corridor in the above theme park form, at the stores of 201 through 210.

The store of this case is located inside the inside of the store of 211 to 217.

[Ground of recognition] without any dispute, Gap's 1, 2, 3, 6, 9, Eul's 1, 12, and 13 (including a serial number; hereinafter the same shall apply).

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