(영문) 수원지방법원안양지원 2015.12.09 2014가단112772

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(영문) 수원지방법원안양지원 2015.12.09 2014가단112772

칸막이철거

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The following facts of basic facts may be found either as a dispute between the parties or as a whole together with the overall purport of the pleadings in each film of Gap evidence Nos. 1 and 3 (including paper numbers), Gap evidence Nos. 6, Eul evidence Nos. 3 and 14 (including paper numbers):

The plaintiff is the co-owner of the store No. 106 of the annexed drawing (hereinafter referred to as "the plaintiff's store") among the building of Dampo-dong (hereinafter referred to as "the building of this case"). The defendant is the co-owner of the store No. 107 and 108 of the annexed drawing (hereinafter referred to as "the defendant's store") among the commercial buildings of this case.

B. The Defendant’s ownership acquisition, etc. 1) initially leased 208 commercial buildings of this case and operated the beauty room business. The Defendant purchased the Defendant’s store from March 5, 2013 to complete the registration of ownership transfer on March 29, 2013 in order to continue to operate the beauty room according to the lessor’s notification of termination of the lease agreement. (2) After doing installation of facilities for the beauty room business from April 2013 to July 2013, the Defendant commenced the beauty room business around July 21, 2013.

3) The Defendant shop is a non-disscepting partition connected from the floor to the tent (hereinafter “instant partitions”) according to the boundary line of the store (the line connecting each point in sequence 1, 2, 3, 4, and 5, indicated in the annexed drawing) (hereinafter “instant partitions”).

A. There are many shop occupants on the first floor of the instant commercial building, like the Defendant shop, install a wall connected from the floor to the ceiling, or install a partition exceeding 170 cm.

2. The assertion and judgment

A. The gist of the Plaintiff’s assertion 1) The E-based association comprised of the sectional owners and lessees of the instant commercial building, including the Plaintiff and the Defendant, in violation of the duty under the self-regulation (hereinafter “instant prosperity”).

The former Wholesale and Retail Trade Promotion Act (amended by Act No. 4889 of Jan. 5, 1995) provides that the same shall apply.

유사 판례

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