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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The plaintiff's assertion
A. On February 28, 2002, the Plaintiff, the purpose of which was to run an advertising business, concluded a lease agreement on the rooftop of the instant building, in sequence with the Round Association, an incorporated association, to rent a ground rooftop A,218m2 (hereinafter “instant rooftop”) with the Gangnam-gu Seoul Metropolitan Government Association (hereinafter “instant rooftop”). From then to December 201, the Plaintiff concluded a lease agreement on the instant rooftop of the building.
B. On April 2002, the Plaintiff set up a rooftop advertising tower (hereinafter “instant advertising tower”) on the rooftop of the instant building, and around that time, concluded an advertising contract with East Food & Food Co., Ltd., B, Dscoia and C Hospital for advertising the above advertising tower, and received advertising fees up to that day.
C. From early 2014, the Defendant newly constructed a 15-story building on the ground of 1,391.9 square meters adjacent to the land located in the instant building (hereinafter “new building of this case”). On the completion of the new building of this case, upon completion of the new building of this case, the advertising effect of the instant advertising tower is to completely set the north side of the advertising tower of this case with the largest advertising effect.
Due to the Defendant’s new construction of a building, the instant advertising tower fully lost its property value as an advertising tower and terminated a lease agreement with the Korea Customs Trade Development Institute and removed the said advertising tower. This is an infringement of property rights exceeding the Plaintiff’s tolerance limit.
E. Therefore, the Defendant, as compensation for damages, shall pay to the Plaintiff KRW 61,36,00 equivalent to the cost of removing the instant advertising tower, and KRW 81,60,000 equivalent to the amount of business losses for one year incurred by preventing the Plaintiff from running the business using the instant advertising tower (i.e., net monthly profit of KRW 6,80,000 x 12 months) and delay damages therefrom (i.e., KRW 61,36,000).
2. The advertisement tower of this case was newly constructed on the premises adjacent to the building of this case.