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(영문) 광주지방법원 2015.12.24 2015가합2487
건물등철거
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The relevant Plaintiff B is the owner of G-gu in Gwangju Mine-gu and the building on its ground (hereinafter “previous building”), who has operated a pharmacy in the name of “H” on the first floor of the previous building, and Plaintiff A, as Plaintiff B’s children, has operated one Council member on the second floor of the previous building. The Defendant is the owner of the 1st 230 square meters adjacent to the said land.

B. 1) The Plaintiffs and the Defendant newly constructed a building on each of the above lands (the fourth floor above each ground), and as a whole, a single building (the building is identical to the building indicated in the attached Table 1; hereinafter “instant building”).

2) However, since the Plaintiffs had been operating in the previous building at the time of agreement as stipulated in the above paragraph 1, the Defendant first built the building on his own land (hereinafter “Defendant building”).

3) After constructing a new building, the Defendant built the Defendant’s new building, and then removed the previous building, and the Plaintiff built a new building in comparison with the Defendant’s building on the land in the Plaintiff B (hereinafter “A building”). On August 28, 2003, the Defendant completed the registration of initial ownership as to Nos. 102, 202, 302, 302, and 402, respectively, of the sectioned stores located in the Defendant’s building.

C. After the establishment of a signboard and the lawsuit related thereto, there was a dispute regarding the rent of the first floor of the Defendant’s building used by the Plaintiff and the signboards installed on the outer wall of the instant building by the Plaintiff between the Plaintiffs and the Defendant. Accordingly, the Defendant filed a lawsuit against the Plaintiffs, such as the name map of the building (Seoul District Court 2005Kadan79405) around 2005, and the settlement was established in the said lawsuit, which is related to the instant case.

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