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(영문) 서울남부지방법원 2019.05.17 2018가합103915
퇴거등 청구의 소
Text

1. The Defendant indicated in the attached Form 1, 2, 3, 18, 18, 18, among the land size of Gangseo-gu Seoul Metropolitan Government 1,58.8 square meters and D road 1,462.4 square meters, on the Plaintiff.

Reasons

1. Basic facts

A. On February 28, 2001, the Plaintiff is the owner of the said store that purchased the first floor G store among C ground and the second floor commercial buildings located in Gangseo-gu Seoul Metropolitan Government, the “F market” in Gangseo-gu, Seoul, and the second floor commercial buildings.

B. The above store was placed on the ground part (D) of the attached Form 9, 10, 11, 17, and 9, which was originally connected with each of the points in the attached Form 9, 10, 11, 17, and 9, but around April 1999, the lessee extended the part (c) portion of the adjacent land owned by Gangseo-gu Seoul Metropolitan Government as “I store” with the consent of the owner at the time of the lease on April 1, 1999 by extending the area of the same map (1) among the 2,3,4,4,5, 16, 15, 14, 13, 12, 11, 17, 9, 8, and 72.8 square meters of the adjacent land owned by Gangseo-gu Seoul Metropolitan Government.

(hereinafter referred to as “instant I shop”) c.

On the other hand, H, while expanding the store of this case, constructed a temporary building of the structure of a beeron board (A) section 8.0 square meters on the ground of 3.6 square meters on the part of (b) 8.0 square meters on the part of (A) and (b) part (3.6 square meters on the ground of 1,585.8 square meters and D road 1,462.4 square meters adjacent to the store of this case.

(hereinafter “instant provisional building”). D.

From May 13, 198, the Defendant operated a subdivision store in the name of “J” in the part of the household building adjoining the instant I shop (the building prior to the construction of the instant provisional building) and in the order of 1,462.4m2 of the attached Form No. 1,2,3,4, and 1 of the D Road No. 1,4624m2, which is the previous meritorious road (hereinafter “the front meritorious part of the instant store”), and operated the instant provisional building from H to the front meritorious part of the instant provisional building and continued to operate a subdivision store in the front portion of the instant provisional building and the instant store. On June 201, the Defendant sub-leased the instant provisional building to K and operated the musical store.

E. The plaintiff against the defendant is entitled to exclude interference based on the plaintiff's ownership.

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