건물인도 등 청구의 소
1. Of the judgment of the first instance court, the part concerning plaintiffs V and W is revoked, and all of the claims of plaintiffs V and W are dismissed.
2...
1. Facts of recognition;
A. The Y building (hereinafter “instant building”) is a major complex building consisting of Dong pipes (750 upper and 60 apartment houses) constructed on the ground of Dongdaemun-gu Seoul Z and west pipes constructed on the ground of AA (648 apartment houses and 28 apartment houses).
B. The second floor of the building of this case consists of 90 stores, and the Plaintiffs are the persons registered as the sectional owners of each shop indicated in the separate sheet (1) and the separate sheet (2) of the second floor of the building of this case among the second floor of the building of this case.
C. From December 201, the Defendant has operated a compound with a mutual name, “AB” on the second floor of the building of this case, including the sectioned stores in this case.
Plaintiff
The rest of the plaintiffs, V and W, filed an application against the defendant for provisional injunction against the transfer of possession with respect to the sectioned stores (excluding Plaintiff V and W stores) of this case as the right to preserve the ownership under the Seoul Northern District Court Decision 2013Kadan20159, and received a provisional injunction against the transfer of possession from the above court on January 3, 2014. On January 14, 2014, the enforcement officer of the above court executed the provisional injunction against the transfer of possession by means of giving public notice that each of the above sectioned stores is under the custody of the enforcement officer.
After the execution of the provisional disposition prohibiting the transfer of possession, the Defendant moved out from the divided store of this case, and now, the Defendant operated the restaurant on the second floor of the building of this case, including the divided store of this case AC.
[Reasons for Recognition] The facts without dispute, Gap evidence 1 through 16, Eul evidence 3, 6, 7, 9 (including each number), the purport of the whole pleadings
2. Determination on the plaintiffs' claims except plaintiffs V and W
A. According to the above facts of determination as to the cause of the claim, the above facts are registered as the sectional owners of the instant sectional stores (excluding Plaintiff V and W stores).