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Reasons
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(영문) 의정부지방법원 2015.01.15 2014나5570
구조물철거 등
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1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. (1) The Plaintiff, on June 11, 2007, completed the registration of ownership transfer as the receipt of No. 72381 on June 19, 2007, on the real estate listed in the separate sheet (hereinafter “the Plaintiff’s building”).

(2) On February 10, 2007, the Defendant completed the registration of the transfer of ownership as the receipt No. 25093 on March 20, 2007, with respect to D Building No. 601 (hereinafter “Defendant Building”) of the sixth floor in Yongsan-gu, Yongsan-gu, Busan-si, the Defendant completed the registration of the transfer of ownership on March 20, 207.

B. (1) On June 16, 2005, before the completion of the registration of ownership transfer with respect to the Defendant’s building, the Defendant entered into a lease agreement on the whole part of the Plaintiff’s building and the DNA commercial building on which the Defendant’s building is located (hereinafter “instant commercial building”) with the Non-Party Construction Co., Ltd. (hereinafter “Non-Party Co., Ltd.) on June 16, 2005, and thereafter, at the time of the use of the 6th floor of the instant commercial building as a compound restaurant, the Defendant laid down the floor of the instant Defendant’s building with the consent of the Non-Party Co., Ltd., the owner of the instant building at the time of the use of the 6th floor of the instant building as a compound restaurant, and opened the sewage pipe, etc. at the same time, 80 cm wide, 80 cm high, 20 cm high, and 20 cm high and 20 cm high in length (hereinafter “the sewage pipe, etc.”).

(2) As to the Plaintiff’s building in this case, the Defendant is against the Defendant’s building in this case.

The registration of transfer of ownership is completed as described in paragraph.

(3) On the instant space where the instant sewage pipes, etc. are installed, electric wires, fire pipes, and sprinklers for the internal lighting of the Plaintiff’s building at such height.

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