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(영문) 서울남부지방법원 2017.09.28 2016나54686
퇴거 등
Text

1. Of the judgment of the court of first instance, the part against the plaintiff falling under the following order shall be revoked.

Reasons

1. Facts of recognition;

A. On February 28, 2001, the Plaintiff is the owner who purchased a building listed in the separate sheet (hereinafter “13 store”) from J on February 28, 2001, and one of the co-owners of the land of this case, which is the site. The Defendant currently occupies the building of this case and is engaged in the business of cleaning in the area of dispute.

B. The store No. 13 and the building construction of a building) 13 had been connected each point of No. 9, 10, 11, 17, and 9 of Map No. 1 attached hereto, and the store No. 13 had been connected each point of No. 9, 10, 11, 17, and 9. However, the lessee F obtained the consent of J around April 199 from the owner of the instant land and the road of this case, and had the lessee use the building No. 2, 3, 4, 5, 16, 15, 14, 13, 12, 17, 9, 8, and 2 as the "Emart shop", which connected each point of No. 1, No. 1, 10, 10, 1000 square meters, and the building No. 52. 1, 199.

3 The defendant operated a window dressing house at the previous shop in the name of "K", and paid 300,000 won to F. Even after the use of the building of this case installed by F, he paid 300,000 to L, etc. who takes over the right of lease from F and F, with the rental fee of 300,000 to 80,000 won from the previous building and its previous part of the dispute, and used and profits from it.

C. In the lawsuit against the Defendant and the subsequent one, the Plaintiff sought withdrawal from the instant provisional building on the grounds that the lease contract with L/C around 201 was terminated, etc., the court shall grant the Defendant the reason that the instant provisional building constitutes the Plaintiff’s owned property consistent with E/T.

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