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(영문) 서울중앙지방법원 2016.10.20 2014가단219277

건물명도

Text

1. Defendant (Counterclaim Plaintiff) B and Defendant C shall draw up the annexed drawings among the underground floors of the building indicated in the annexed list to the Plaintiff (Counterclaim Defendant).

Reasons

【Main of the principal lawsuit and counterclaim shall be deemed to be filed together】

1. Basic facts

A. The Plaintiff is a management body consisting of sectional owners for the purpose of self-management of the four buildings and the site of Jung-gu, Seoul, F, G, and H in accordance with the Act on the Ownership and Management of Aggregate Buildings (hereinafter referred to as the “Aggregate-gu Act”).

B. The Defendants possess approximately three square meters of the portion of subparagraph 1 of the attached Table among the underground floors of the buildings indicated in the attached list (hereinafter “instant claim for extradition”) connected with each point of the attached Table 1, 2, 3, 4, and 1 in sequence, among the underground floors of the buildings indicated in the attached list.

(1) The court below's determination on the ground of appeal Nos. 1, 2, 3, 12 through 16 is justified. (3) The court below's determination on the ground of appeal No. 1, 2, 2, 2, 3, 12, 2, 12, 16 is justified. (4) The court below's determination on the ground of appeal No. 1, 2, 2, 3, 3, 12, 2, 16 is justified. (4) The court below's determination on the ground of appeal No. 1, 2, 3, 3, 3, and 4 is justified. (4) The court below's determination on the ground of appeal No. 1, 2, 3, 3, and 4 is justified.

2. Determination on the main claim

A. (1) The Plaintiff asserted that the part on the claim requests in this case was the section for common use, which was originally made by water supply and drainage pipes, electricity lines, etc., but the Defendants currently occupied the Defendants by forming a store by changing this part. Thus, the Defendants asserted that the Plaintiff, a management body A of the AA, is obligated to deliver the part on the claim requests in this case to the Plaintiff.

With respect to this, the Defendants are the instant case.