건물명도
1. All of the claims filed by the plaintiff (Counterclaim defendant) whose exchange was changed in the trial of the party are dismissed.
2. Appeal;
1. Facts of recognition;
A. The building listed in Attachment 1’s Schedule No. 1 (hereinafter “instant market building”) is the F market building, which was approved for use on October 14, 1981.
The size of a building at the time of approval for use was 522.8 square meters, 1,492.9 square meters, 2 stories 1,624.03 square meters, 370.95 square meters, and 370.95 square meters, but the three floors were 346.45 square meters in a management office and 24.5 square meters in a rooftop.
The portion of the 3-story management office 346.45 square meters is divided into 89.92 square meters in heading 1 and 256.53 square meters in heading 2, and registration has been completed. Of which the part of subparagraph 1 is 89.92 square meters in heading 301 of this case.
B. On February 17, 1990, G Co., Ltd. whose representative director is the defendant filed an application for extension of the market building of this case on or around March 24, 1990.
The contents of permission were to extend the existing 3rd floor above the ground to the 6th floor above the ground, but among them, the 3rd floor was to eliminate the rooftop from the existing 370.95 square meters of the area including the rooftop and to extend the total area to 1,630.52 square meters.
C. After that, although the construction was completed in accordance with the details of permission, it was impossible to obtain approval for use due to prior occupancy of the extended portion and violation of permission for extension of 5,60 stories (the increase in the number of households). Accordingly, the building ledger and building register reflecting the extended portion were not modified or prepared. At present, the extended portion is still not reflected in the existing market building ledger and building register.
Of the drawings at the time of obtaining permission for extension, the part falling under the part of the third floor is annexed to annexed Form 3. Of the above drawings, the part stating “office” is the part possessed by the defendant while he currently uses it as the management office.
E. However, the above drawing states “existing” and “extension” at the left-hand, right-hand, upper-hand and lower-hand, and its standard line is maintained.
F. Meanwhile, the defendant on June 4, 2002.