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(영문) 서울중앙지방법원 2016.06.09 2015가합549194

부당이득금반환 등

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The status of the parties 1) The Plaintiff A moved to the Dongjak-gu Seoul Metropolitan Government Franca (hereinafter “instant commercial building”).

(2) The Defendants divided Nos. 2, 2-1, 3, 3-1, 4, 5-1, 5-2, 6, 7, 8, 9, 10, 11, 12, 14, 16, 17, 18, 19, 20, 20, 21, 22, 23, 24, 24, 25, and 102 of the instant commercial building, respectively. 2) The Defendants operated the instant commercial building No. 2, 2-1, 3, 3-1, 4, 5-1, 5-2, 6, 7, 9, 10, 11, 12, 14, 16, 17, 18, 19, 20, 21, 23, 24, and 25 of the instant commercial building, and Defendant Eul operated the instant commercial building No. 15G No.

B. At the time of the new construction of the instant commercial building, the structure of the first floor is identical to that of the annexed Form 1. However, around 201, the Defendants acquired all sectional ownership of the first floor underground of the instant commercial building, and operated the instant private house by modifying the structure as indicated in the annexed Form 2, and on August 25, 2014, the total number of sections 1-1 through 15 were merged into several sections of exclusive ownership and the current status of the building was changed to the same as indicated in the annexed Form 2.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 through 36, 39 (including branch numbers, hereinafter the same shall apply), Eul evidence 1, and the purport of the whole pleadings

2. The parties' assertion

A. According to Article 3(1) of the Act on the Ownership and Management of Aggregate Buildings by the plaintiffs (hereinafter "the Aggregate Buildings Act"), the corridor and stairs leading to several sections of exclusive ownership, and other sections provided for the common use of all or some sectional owners in the structure of the building cannot be the object of sectional ownership. However, the defendants can not be the object of sectional ownership.