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(영문) 서울고등법원 2016.08.19 2015나14039
건물등철거
Text

1. All appeals filed by the plaintiffs and the defendants are dismissed.

2. The costs of appeal shall be borne by each party.

purport, purport, and.

Reasons

1. The Plaintiffs sought against the Defendants compensation for damages for the removal of the instant building, delivery of the instant rooftop part, return of unjust enrichment equivalent to the rent acquired by occupying the instant rooftop part, business losses, removal of the instant building, expenses for restoring the instant building’s three-story interior facilities, and expenses for restoring the repair of the rooftop waterproof layer of the instant building.

The court of first instance accepted the plaintiffs' removal of the building of this case against the defendant church, delivery of the rooftop of this case, and return of unjust enrichment, and dismissed each of the above claims against the defendant F. The court accepted 60% of the plaintiffs' damages claim against the defendants, accepted 60% of the expenses for restoring the facilities of the third floor interior, and the expenses for restoring the repair of the rooftop waterproof floor.

As to this, the plaintiffs filed an appeal against the part against the plaintiffs (40%) among the part against which the plaintiffs lost among the judgment of the court of first instance, the part against which the plaintiffs lost among the part against which the plaintiffs lost, the part against which the plaintiff lost among the part against the defendants among the part against which the plaintiff lost among the judgment of the court of first instance.

Therefore, the scope of the judgment of this court is limited to the removal of the building of this case against the defendant church among the judgment of the court of first instance, delivery of the rooftop of this case, return of unjust enrichment, and the part of the claim for business loss among the claims against the defendants for damages, the expenses for restoring the facilities of the third floor and the expenses for restoring the rooftop waterproof floor.

2. Basic facts

A. Of the three floors of the instant building, Plaintiff A owns No. 301, No. 116.47 square meters (1,391/1,391/1, 71.495), No. 302, 88.69 square meters (1,391/1,391/1,) and Plaintiff B owns No. 303, No. 104.86 square meters (6.3682/1,391/1, 64.391) and Plaintiff C owns 304 heading 265.13 square meters (1,391/1,398/1,00) and Plaintiff D owns 305 square meters (50.7346/1,391/1,00).

B. On May 28, 2010, Defendant E-I (hereinafter “Defendant church”) is on the fourth floor of the instant building, No. 401 and No. 71.80 square meters.

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