시설물철거 등 청구의 소
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
The plaintiff's assertion and determination party's assertion that the plaintiff divided ownership of the second, third, fourth, five, six and seven stories of the building of this case, and the first and seventh stories of the building of this case, and the first and second stories of the building of this case, and the second and seventh stories of the building of this case. The building of this case was installed in the part of the building of this case, which is the common use area, and the defendant Eul currently leased this to the defendant C, and the defendant C possessed this as the trade name of the D coffee shop. Thus, the defendants asserted that the plaintiff should remove the building of this case and deliver the part of this case (A) to the plaintiff and return the rent amount received from the defendant C to the plaintiff as unjust enrichment. The defendants asserted that the part (a) of this case constitutes the part of the exclusive use area of the defendant Eul, not the part of the public use area of this case.
Judgment
The Plaintiff, as to the facts that Defendant B divided ownership of the first and seventh floors of the instant building in the divided ownership relationship between Defendant B and the first and seventh floors of the instant building, there is no dispute between the parties, and according to the evidence Nos. 3, 4, 8, and 11, Defendant B, prior to the sectional ownership of the first floor of the instant building on March 8, 201, was installed in the instant part (E and F’s co-ownership) on October 24, 201, before Defendant B divided ownership of the first floor of the instant building on the first floor, and on January 2, 2013, Defendant B leased the instant building to Lone Star Co., Ltd., Ltd., and on July 1, 2013, Defendant B sub-leased the instant building to Gone Star Co., Ltd.
The key issue of this case is whether the part of this case (A) falls under the section for common use, and is the section for exclusive use by the owner of the first floor.
Therefore, I will examine whether the section (A) of this case is the section for common use or the section for exclusive use of the owner of the first floor.
Corridors, stairs that lead to several sections for exclusive use among aggregate buildings, and all of the sectional owners in the structure.