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(영문) 수원지방법원 2019.05.30 2018가합1813

건물명도 등

Text

1. The Defendants shall indicate 1, 2, 3, 4 and 1 of the attached Form No. 1 among the 1st floor of the building listed in the attached list to the Plaintiff.

Reasons

1. Basic facts

A. The building in the Suwon-si Design in the attached list (hereinafter “instant building”) is an aggregate building consisting of the first underground floor and the fourth floor above the ground.

B. The Plaintiff is operating a parking lot on each floor as the owner of the first, third, and fourth floor underground of the instant building.

The area of the exclusive ownership of the instant building is 9,878.35 square meters, and among which the Plaintiff’s exclusive ownership is 7,327.27 square meters (=2,700.01 square meters on an underground floor + 2,255.38 square meters on the ground of 3 floors 2,371.8 square meters on the ground of 2,371.88 square meters).

C. D’D’s prosperity association (hereinafter “D’s prosperity”) is a non-corporate association comprised of sectional owners or lessees of the first and second commercial buildings on the ground for the management of the instant building.

On August 19, 2006, the instant prosperity concluded an entrustment management agreement with Defendant B to the effect that the term of the contract is from August 19, 2006 to August 18, 2008 for the management of the instant building, and that the term of the contract is renewed for two years under the same condition without giving notice of termination between 30 days before the expiration of the contract period (hereinafter “instant contract”). D.

Since the conclusion of the instant contract, Defendant B managed the remainder of the instant building with the exception of the Plaintiff’s exclusive ownership, and Defendant C is the head of the management office of the instant building.

E. The Defendants, among the first floor of the instant building that is currently common areas, shall use the part (b) of the attached drawing No. 1, (2), (3), (4), (1) part (a) of the attached drawing No. 50.82 square meters and two floors connected in order to each point, as each point, as each warehouse and management office, and possess the said part.

(A) The part of the defendant's above possession (hereinafter "the part of the defendant's possession of this case"). 【No dispute exists, Gap's evidence Nos. 1, 2, 4, and 5 (including the serial number; hereinafter the same shall apply), Eul's evidence Nos. 1 through 5, and the purport of the whole pleadings.