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(영문) 춘천지방법원원주지원 2017.10.18 2017가단30858
건물출입금지청구
Text

1. The plaintiffs' primary and conjunctive claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Plaintiffs are co-owners of the building indicated in paragraph (1) of the attached Table No. 1 on the land (hereinafter collectively referred to as “Plaintiffs’ land”) and the attached Table No. 1 on the ground, including the above land, which is the F 124.3m2, G 3.1m2, and H 38.7m2 (hereinafter referred to as “the above land”).

B. The Defendants are co-owners of the 1st 36.4 square meters in Hanju-si (hereinafter “Defendants’ land”) and the 3rd lubal roof of reinforced concrete structure, lubal roof, general restaurants, and office buildings (hereinafter “Defendants’ buildings”).

C. Of the Plaintiff’s land, there is a 4-story heighting stairs (hereinafter “instant stairs”) on the ground leveling to 8 square meters on the part of (B) part on the ground connected with each point of (4), 5, 6, 7, and 4 of the annexed drawings among the land of H, which is the Plaintiffs.

The Plaintiffs and the Defendants’ buildings are attached to the instant stairs. D.

On January 2010, the Defendants filed an application against the Plaintiffs for provisional injunction against obstruction of business (hereinafter “previous lawsuit”). On March 29, 2010, the following mediation was established between the Plaintiffs and the Defendants (hereinafter “instant mediation”) in the previous lawsuit.

prescribed provisions

1. The plaintiffs are jointly and severally liable.

A. In relation to the use of the instant stairs, a tree door corresponding to the entire width of the stairs of the first floor of which their cost is charged shall be removed, and a reinforcement glass door shall be installed on each page of the stairs.

However, the height shall be within the extent that it does not remove the support stand installed for the safety of the glass of the outer wall installed outside.

(2) The Defendants and their lessees permit the attachment of an advertising sheet on the entire width of stairs out of the glass door on the second floor.

(3) The current free door of the outer wall of the 1st and second floor, and the advertisement board of the 3rd floor, installed in the entire width of the stairs, may be used only to the extent that the current interior and facilities are maintained, and where the interior of the interior is changed or new facilities are installed.

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