logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2017.09.26 2016가단321608
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. On April 8, 2009, the Plaintiff Company was established as a juristic person established for the purpose of real estate rental business, etc., and thereafter, Plaintiff B serves as a director and representative of the Plaintiff Company.

B. A dispute between the Plaintiff Company and the Defendant arises between the Plaintiff Company and the Defendant 1) The Plaintiff Company is an E building with the third underground and the eight above ground level in Kimhae-si D (hereinafter “instant building”).

3) Of the 4th floor (hereinafter “instant 4th floor store”) the entire 4th floor

(3) On March 7, 2011, the Plaintiff reported the instant fourth-story store to the competent administrative agency on March 7, 201, and reported the change of the purpose of the instant fourth-story store to the second-class neighborhood living facilities (entertainment facilities, lodging facilities, and business facilities) and around that time, the Plaintiff was performing construction works for the change of the purpose of the use of the instant fourth-story store, and the Plaintiff was collectively “three-story store” (hereinafter collectively

2) On the lower part of the lower part of the ceiling, the sewage pipes and water pipes for the instant 4th floor stores (hereinafter “instant pipes”).

2) On October 13, 201, the Plaintiff Company: (a) registered the instant fourth-story store as an exclusive part of an aggregate building as a unit of an aggregate building and leased the instant fourth-story officetel for residential purposes, including the installation of the instant pipelines; (b) registered the instant fourth-story store as an exclusive part of an aggregate building as a unit of an aggregate building (hereinafter collectively referred to as “instant fourth-story officetel”); and (c) leased the instant fourth-story officetel for residential purposes.

3) Meanwhile, on September 16, 201 and October 7, 201 of the same year, the Defendant purchased the instant third-rise shop through the public auction procedure, and completed the registration of ownership transfer in the Defendant’s future with respect to the instant third-rise shop on the 20th of the same month. 4) Thereafter, the Defendant demanded that the Plaintiff Company remove the instant pipelines to the Plaintiff Company without title, and thus, it infringes on the Defendant’s ownership by installing and occupying them at the lower part of the ceiling of the instant third-rise shop without title. However, the Plaintiff Company failed to comply therewith.

(c) related cases and their related cases;

arrow