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(영문) 서울중앙지방법원 2018.08.24 2017나12850
건물등철거
Text

1. The plaintiff's appeal and the conjunctive claim added in the trial are all dismissed.

2. After an appeal is filed.

Reasons

1. The reasoning of the court's explanation concerning this case is that the plaintiff's assertion that the stairs of this case and the steel structure of this case installed above are exclusive facilities owned and used exclusively by the defendant is insufficient to recognize the plaintiff's assertion, and the entries and images of Gap evidence Nos. 20 through 22 (including paper numbers) are excluded, and the reasons of the judgment of the court of first instance are the same as the corresponding part, except for deletion or addition of some of the reasons of the judgment of the court of first instance as follows. Thus, they are cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

From the second side to the third side of the judgment of the first instance, two to three pages shall be followed as follows.

D. On the registry and the building registry, the underground floor of the instant building consists of 147.33 square meters in neighborhood living facilities, the Defendant restaurant, parking lots, 300.48 square meters in carp, and 67.71 square meters in place of stairs and corridors, etc., which are 147.3 square meters in neighborhood living facilities, the Defendant restaurant, and 30.71 square meters in place of the judgment of the first instance court. The Defendant, as follows, 11 square meters in place of the

The defendant has the duty to remove the stairs of this case used by infringing on the section for common use as such and facilities adjacent thereto." The part of the first instance court's 4th to 18th of the 15th of the 4th court's decision is deleted.

Article 3-2 (b) of the grounds for the judgment of the first instance court.

The part of the port of appeal (from No. 4, 21 to 5, 11) is replaced by the following contents:

The plaintiff asserted that "B. B. The claim of the parties is 1) If the stairs of this case and the steel structure of this case installed above are public facilities, the defendant is obligated to remove the advertising materials of this case and restore the public facilities to their original state by attaching them to the above public facilities. Furthermore, the wall in the shape of "" attached to the wall installed on the part where the stairs of this case adjoin the ground floor of the second floor of the building of this case and the wall in the shape of "" attached to the wall attached to the section where the stairs of this case are installed on the ground of the underground floor of the building of this case.

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