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(영문) 부산지방법원 2016.10.28 2014가단247331

시설물 철거 등

Text

1. The Defendants are to the Plaintiff.

(a) Attached 2 Map 1, 2, 3, 4., among the third floors of the buildings listed in the Schedule 1, the third floor of the building.

Reasons

1. Factual basis

A. On December 31, 2012, the Plaintiff was awarded 303 units of the building listed in the separate sheet No. 1 (hereinafter “instant building”) and completed the registration of ownership transfer on the same day. The Defendants were awarded a successful bid of 302 units of the instant building on January 22, 2013 and completed the registration of ownership transfer with respect to each 1/2 shares on January 31, 2013.

B. Of the instant building, the boundary walls between 302 and 303 shall be installed with lines connecting each point of the 2.3 specifications and c. However, on March 1, 2013, the Defendants installed a cement cement wall by installing a partition wall with the line connected each point of 2.2, 1, and 4.3 square meters in line with the line connected each point of 1, 2, 303 inside the Plaintiff’s ownership, 1.71 square meters in line with each point of 1, 303, 303, 303, 4, and 1.71 square meters in line.

In addition, the boundary walls between 302 and the corridor for common use among the instant building shall be installed in accordance with the line connecting each point of the same drawing display6 and 77. However, the Defendants installed cement walls and Aluminium entrance (breadth 1, height 2.1m) in line of the line connecting each point of 5, 8,77 and 50m, which are common areas of the instant building, by installing cement walls and Aluminium entrance (breadth 1m, height 2.1m) in the order of 5m.

C. The rent for the part above (A) among the instant buildings is KRW 11,850 per month from March 1, 2013 to February 28, 2014, KRW 12,365 per month from March 1, 2014 to February 28, 2015, and KRW 12,880 per month from March 1, 2015.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Gap evidence No. 2, each of the survey of this court and the result of the appraisal of rent, the purport of the whole pleadings

2. According to the above findings of the determination, the defendants occupy the attached Form 2 drawings 1, 2, 3, 4, and 1.71 square meters in sequence of each point of the building in this case owned by the plaintiff among the buildings in this case. As such, the defendants occupy the building in this case without authority to remove cement walls installed in the above Section 1, and (a) remove cement walls installed in the above Section 1.