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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff related to the parties is the owner of 101, 201, 301, and 401 among the sectional stores listed in the attached Table 1 list on the land of 230 square meters in Gwangju Mine-gu and E large 137 square meters (hereinafter “instant building”), and the Defendant is the person who leased and operated the said pharmacy from G with the trade name of “F Pharmacy” in the above building 102.
B. (1) Prior to the construction of the building in this case, G was the owner of the building in Gwangju Mine-gu E large scale 137 square meters and its ground (hereinafter “previous building”), and H was operating a pharmacy on the first floor of the previous building with the trade name of “F Pharmacy”, and H was a child of G, and operated a two-story in the previous building.
The Plaintiff, as an owner of the area of 230 square meters adjacent to the above land in Gwangju Mine-gu, the Plaintiff newly constructed one building (four floors above each ground) on G, H and each of the above land, constructed two buildings as a whole as a single building (the instant building) and divided ownership of the stores located in each newly constructed building.
(2) After the Plaintiff had built the previous building on his own land (hereinafter “Plaintiff’s building”), H removed the previous building, and newly built the Plaintiff’s building adjacent to the Plaintiff’s land (hereinafter “H building”). On August 28, 2003, the Plaintiff completed each registration of initial ownership relating to Nos. 102, 202, 302, 302, and 402, of the sectioned stores located in H building located in the Plaintiff’s building, around August 28, 2003.
C. A dispute arises in relation to the rent of the first floor of the Plaintiff’s building and signboards installed on the outer wall of the instant building, which the Plaintiff and G and H agreed to use for the leased use of H. The Plaintiff filed a lawsuit against G and H around 2005 against G and H, including the name map of the building, etc. around 2005, and the following contents in the lawsuit are as follows.