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(영문) 서울고등법원 2017.12.21 2017나2006175

손해배상(기)

Text

1. The judgment of the court of first instance is modified as follows.

The defendant is not less than 520.8m2 to the plaintiff succeeding intervenor in Gangnam-gu Seoul Metropolitan Government.

Reasons

1. Basic facts

A. The structure and current status of the instant building 1) Gangnam-gu Seoul Metropolitan Government Cbu 520.8 square meters (hereinafter “instant site”)

3) As to the ground reinforced concrete structure slive roof underground, housing of three floors above ground and neighborhood living facilities (hereinafter “instant building”).

The fourth partitioned building around March 12, 1996 (each floor is a single partitioned building).

specified as below;

(2) The building was originally built of an aggregate building. (2) The building was a structure that can move to 2,3 floors via the entrance of the first floor, the passage and the interior stairs. From around 2005 to 2009, the entrance of the first floor is closed without the permission of the competent authorities, and the passage to the interior stairs was obstructed by the first floor, and instead, the entrance and the entrance and the entrance are connected to the site of this case on the second floor, the current status of the light framed stairs listed in Paragraph (1) of the order connecting the site of this case to the outer wall of the second floor.

2. The same shall apply to the image of a photograph;

hereinafter referred to as “the external stairs of this case”

b)the building was established (at that time by the sectional owners of the underground floor, the first floor, and the second floor of the instant building seems to have been established.

3) As a result, the first floor of the instant building cannot be moved from the first floor to the second floor, and the second floor can be used from the second floor to the third floor, and the second floor can be used from the existing interior stairs. 3) At present, the first and the second floors of the instant building are used by the Defendant’s lessee, and the third floor of the instant building is not long.

B. On January 1, 2000, the Plaintiff, the Intervenor, and the Defendant acquired the third floor of the instant building. On June 1, 2017, the Plaintiff completed the registration of ownership transfer on the third floor of the instant building due to donation to the Plaintiff’s Intervenor. 2) Meanwhile, around January 2015, the Defendant acquired the basement floor and the second floor of the instant building in the discretionary auction procedure, and acquired the first floor of the instant building through sales around March 200.

【Ground of recognition】An absence of dispute, A1 to 4, and 7.