beta
Text
1. The judgment of the first instance court, including a claim partially modified in the trial, shall be modified as follows:
The plaintiff's claim.
Reasons
1. Basic facts
A. The Plaintiff is a party’s position 1) On May 26, 2010, the Plaintiff is a Gunpo-si C Commercial Building (hereinafter “instant commercial building”).
(2) A sectional owner who completed the registration of transfer of ownership as to subparagraph 120, and who completed the registration of transfer of ownership as to subparagraph 120, operates the business with the trade name “D” at the above store. (2) The Defendant is a sectional owner who completed the registration of transfer of ownership as to subparagraph 113 (hereinafter “instant store”) on June 2, 2003, and is conducting the business with the trade name “E” at the above store.
B. The store of this case is composed of 54 stores, which consist of 1st underground and 3rd underground, and 54 stores. At the time of completion, the building of this case was constructed with bricks and concrete at the center of the wall and walls, respectively, and used as outer walls. 2) The registration of preservation of ownership was completed on September 13, 1994 with respect to the store of this case in Hanyang, Inc., the registration of ownership was completed on April 1, 1994 under the name of F on November 11, 1994, and the registration of ownership transfer was completed on April 1, 1994 under the name of G on May 7, 199, and each registration of ownership transfer under the name of H on June 28, 2002, and completed on June 28, 2003.
3) However, the Plaintiff, from the F on May 16, 1994, operated the instant store with the trade name of “I” by setting the lease deposit amount of KRW 80 million, KRW 2 million per month, and two years from the completion date of the instant commercial building during the lease term as two years from the completion date of the instant commercial building. F (4) If the instant store is suitable for the Plaintiff’s operation of the Plaintiff’s store, F (hereinafter “previous entrance”) permits the main outer wall under paragraph (1) of the same Article and operates the entrance (hereinafter “previous entrance”).
(5) On the other hand, the Plaintiff set up a entrance to the first floor parking lot of the instant commercial building, as at the time when the Plaintiff entered into a lease agreement with F with F on January 13, 199, as the store of this case is not suitable for the purpose of shop operation.