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The Plaintiff
A. Defendant B’s KRW 1,070,747 as well as 5% per annum from May 27, 2019 to January 14, 2021.
Reasons
1. Basic facts
A. The land of this case (hereinafter “instant land”) is a land divided from 86,071.9 square meters in Gangdong-gu Seoul Metropolitan Government, the mother’s land, which is a combined 2254 decision, in order to be used as a site for E building F commercial building located on the ground (hereinafter “instant commercial building”).
B. The Plaintiff is the owner of H-ho shop among the instant commercial buildings, one of the co-owners holding the share of 36.7/1,758.5 of the instant land. Defendant B acquired the ownership of the instant underground shop I (hereinafter “instant underground store”) or the instant commercial buildings on November 5, 2001, but transferred the ownership to Defendant C Co., Ltd. (hereinafter “Defendant Company”) on the ground of sale on July 19, 201. The Defendant Company purchased the above underground store and owns it up to the present day.
(c)
The instant underground store was mainly leased for the purpose of the Simarket (Mamarket). At the time of Defendant B’s acquisition of the ownership of the said store, the part of the instant store’s site for public use, which was installed with a width of approximately 24.2 square meters (4.57m x 5.3m x 5.3m x a height of approximately 2.2m m high (hereinafter “instant traffic section”), and used as the entrance of the said store.
(d)
Since then, when the defendant company receives the ownership of the underground store from the defendant B as above, the passage of this case was also acquired from the defendant company for the same purpose, and as of the closing date of the pleading of this case, the above passage of this case still exists without removal.
E. Meanwhile, on the opposite side of the passage section of the instant commercial building, the attached Table 2 appraisal is installed as a slope in the part “1,” and is also made available to enter the underground via e-mail, div, cream, etc., and the said “e-mail, div, div,” and cream,” respectively, are linked to the parts indicated in attached Form 17 and 18.