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(영문) 부산지방법원 2016.04.28 2015가단64243
출입문철거
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is the owner of a store No. 2-2 of the second floor E market located in Busan Jung-gu.

Defendant B is an incorporated association that operates a Chinese restaurant by leasing a store No. 2-3 of the second floor of the E market, etc., and the Defendant C (hereinafter referred to as the “Defendant C”) is an incorporated association that is a merchant that operates the E market store.

B. On the second floor of the E market, a glass entrance door (hereinafter “instant glass entrance”) is installed on the part of the ship connecting the section with the section 1 and (2).

[Ground of recognition] Facts without dispute, Gap evidence 1, 6 evidence, Eul evidence 1 to 3 (including paper numbers, hereinafter the same shall apply), the purport of the whole pleadings

2. As the owner of the E market shop, the Plaintiff and the Plaintiff, as the owner of the E market shop, seek removal of the instant glass access to the Defendant B and the E market manager, who occupied the instant glass access as the act of preserving the jointly owned property.

It is not sufficient to recognize that the Defendants occupied or managed the entrance door of the instant case only with the descriptions of Gap evidence Nos. 2 through 5, and there is no other evidence to prove otherwise.

(3) In conclusion, the Plaintiff’s claim against the Defendants against the Defendants is dismissed in its entirety due to the lack of justifiable grounds. It is so decided as per Disposition by the assent of all participating Justices.

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