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(영문) 대구지방법원김천지원 2020.04.16 2019가단36734
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts recognized;

A. The ownership relationship and current status of the building listed in the attached Table 1 list 1 (1) Nonparty C flagman is a building listed in the attached Table 1 list on March 9, 2010 (hereinafter “instant building”).

(2) Nonparty F (G) and Nonparty H (I) completed the registration of ownership transfer based on sale on February 8, 2010 with respect to the building of this case on August 30, 2017, respectively, on which the registration of ownership transfer based on sale and purchase was completed. D (E) Nonparty F (G) and Nonparty H (I) completed the registration of ownership transfer based on sale and purchase on August 14, 2017, respectively, and until now registered as co-ownership-ownership right holder with respect to the building of this case.

3) On the other hand, the right part of the building of this case is the part of the building of the single-story parking lot as shown in the attached Table 2 List 1 (hereinafter “the instant parking lot building”).

() Of the registration of the title section of the certificate of the real estate registration (No. 4) regarding the instant building, the part indicated as “42.35 square meters of the first floor.” For convenience, the part of the instant parking lot building was specified as “the part of the instant parking lot.” The entrance door installed on the second floor of the instant building may be accessible to the person on the rooftop of the instant parking lot. In addition, the wall of the instant building, as shown in attached Table 2(2) video, has installed an excellent irrigation pipe coming from the fifth floor rooftop of the instant building to the rooftop of the instant parking lot, as shown in attached Table 2(3) of the instant building. On the rooftop of the said parking lot part, a drain pipe (hereinafter “the instant drainage hole”). In addition, the said part of the building was installed to discharge water, as shown in attached Table 2(3) video.

B. The Plaintiff entered into a lease agreement and the location of each store on April 24, 2014 (hereinafter “instant Plaintiff store”) with the part of 76 square meters on the right side of the first floor of D and the instant building (hereinafter “instant building”).

(2) The Defendant entered into a lease agreement on the instant building, and from June 1, 2014, sold health food, etc. in the said store. (2) On March 1, 2018, the two floors of F and H and the instant building are below 360.96 square meters.

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