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(영문) 인천지방법원 2018.09.18 2018가합50689
사용방해금지 청구의 소
Text

1. The plaintiffs' claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The plaintiffs are the three commercial owners of the E building located in Namdong-gu Incheon Metropolitan City (hereinafter "the building in this case") and the defendant F is the sectional owners of the six to eight floors of the building in this case, and the defendant E Management Body is the manager of the building in this case.

B. The building of this case is composed of 8 stories above ground and 8 stories above ground, and specific sectional ownership status is as follows.

The 82.01 official stairs room 82.01, 82.01, 82.01, 82.01, 83.31, 65, 659.61, 659.61, 659.61, 659.61, 659.61, 659.61, 659.61, 13, 1, 2, 2, 3, 2, 1, 3, 1, 3, 1, 3, 1, 3, 2, 1, 3, 3, 1, 2, 3, 2, 1, 3, 2, 3, 1, 2, 3, 2, 1, 3, 1, 3, 2, 1, 3, 2, 1, 3, 1, 1, 5, 5, 1, 1, 1, and 5, 1, 3, 1, .

The fourth AJho, AK, AL, 5th AM, NM, and AO are owned by the defendant F. I, 6th AP, 7th A Q, and 8th AR.

C. On March 25, 2010, I prepared a written agreement with Defendant F to conclude a sales contract with Defendant F on the 6-8th floor of the instant building. Paragraph (2) of the written agreement states that “I shall use the 2nd unit of the commercial elevator (6-8th floor) exclusively for Mour (6-8th floor). The management expenses for the 2nd unit on the left-hand side shall be borne by Defendant F, the owner of the Mour.”

Accordingly, Defendant F is among the two elevators installed in the building of this case while operating telecom from the 6th to the 8th floor of the building of this case.

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