시설물철거 등
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Plaintiff is the council of occupants’ representatives organized pursuant to the Housing Act for the management, etc. of the building Adong, B Dong, Cdong Complex Building (hereinafter “instant building”) and its ancillary facilities, etc. in Bupyeong-si, Seocheon-si, Seoul.
B. Defendant B and C are joint owners who completed the registration of ownership transfer with respect to shares of 1/2 of each of the 1/2 shares of each of the above 1nd floor A and 106 (hereinafter “A Dong 106”) on February 3, 2005, and Defendant D is a person who leased the above store from Defendant B and C and operates the h’s own Cheong water retail store at each of them.
C. Defendant E is a sectional owner who completed the registration of ownership transfer on August 5, 2005 with respect to the first floor C-dong 106 of the instant building (hereinafter “C-dong 106”). Defendant Northernbuk Saemaul Cooperative is a financial institution that leased the above store from Defendant E.
Attached Form
The public open space for A 106 and C 106 as with the indication of drawings 1 and 2 shall mean that a project owner who sets up a building in a downtown as a concept prescribed by the Building Act provides the public with part of the land as a resting space, etc. instead of receiving benefits, such as the floor area ratio, etc.
(See Article 43 (see Article 43). Each of the above stores has a separate entrance that allows people to have access to a store directly through a public open space without going through the main entrance of the building as described in the relevant drawing.
E. Meanwhile, Defendant D, while operating cleaner retail stores in Adong 106, entered the matters in the column 1, 2, 3, 4, 5, 6, and 1 of Annex 1 in the public open space connected in sequence with each point in Annex 1, 2, 3, 4, 5, 6, and 1, without permission.
In addition, on January 6, 2014 and March 26, 2014, the Bupyeong-si notified Defendant D and B of voluntary correction, and on May 7, 2014, notified Defendant D and B of the imposition of KRW 481,00 for non-performance penalty.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 5 has a number.