(영문) 서울중앙지방법원 2017.05.15 2016가단5020247

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(영문) 서울중앙지방법원 2017.05.15 2016가단5020247

손해배상(기)

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. around 192, C owned each ground building on land E and each land of Seodaemun-gu Seoul, Seodaemun-gu, Seoul, Seoul. However, each ground building was co-owned with a single wall, and the stairs having access to the underground floor or the second floor were also jointly used.

Since then, the Defendant and F acquired the land in Seodaemun-gu Seoul Metropolitan Government D (hereinafter “Defendant-owned land”), its ground buildings (hereinafter “Defendant-owned building”), and the Plaintiff respectively acquired the land E (hereinafter “Plaintiff-owned land”) and its ground buildings (hereinafter “Plaintiff-owned building”).

B. Around 2010, the Defendant removed the old building owned by the Defendant with only the walls jointly used with the Plaintiff’s building, and constructed a new building on the land owned by the Defendant (hereinafter “Defendant-owned new building”).

Accordingly, there was a dispute between the plaintiff and the defendant as a matter of stairs entering the second floor of the building owned by the plaintiff.

C. On April 16, 2013, the Plaintiff filed a lawsuit against the Defendant and F (Seoul Central District Court 201Da114203, etc.). On April 16, 2013, the protocol of mediation containing the following (hereinafter “instant protocol of mediation”).

1. The Defendant shall not agree that the Plaintiff, between the new building owned by the Defendant and the building owned by the Plaintiff, install stairs of a width of 52 cm on the ground of the Defendant’s land, and shall not interfere with the incidental construction to install it (the front substitute of the new building owned by the Defendant, drab, stike, stikes removal and stikes alteration, the front pole of the building owned by the Plaintiff, the removal of the front pole of the building owned by the Plaintiff, and the removal of the sand position board installed between the new building owned by the Defendant and the building owned by the Plaintiff).

2. The Plaintiff is responsible for installing stairs and managing installed stairs, and the Plaintiff is responsible for accidents arising from installed stairs.

(3) The Plaintiff is the Plaintiff.

유사 판례

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