건물등철거
1. The Defendant’s KRW 433,343 as well as the Plaintiff’s annual rate from August 5, 2014 to October 24, 2014, and the next day.
1. Facts of recognition;
A. The Plaintiff received 1/10 shares of KRW 66,318,00 among the 1/100 square meters and 247.9 square meters (hereinafter “each site of this case”) of Dobong-gu Seoul Metropolitan Government, Seoul Northern District Court B in the auction procedure for real estate rent-type B, and paid the price in full on December 27, 2013.
B. On August 8, 1975, prior to the enforcement of the Act on the Ownership and Management of Aggregate Buildings, one Dong (hereinafter “instant building”) was completed, on each of the instant sites, the housing of cement brick sloping roof 173.49 square meters and one story 173.49 square meters and one story 204.3 square meters and one story 204.3 square meters and one story 43.37 square meters in each of 17-20 stores and 17-20 square meters in each of 17-20 housing units and 51.07 square meters in each of 51.07 square meters in each of 1st and second stories in each of 2nd floors in each of the instant housing units, the reason is that the area of the first and second stories in each of the instant buildings is different from that of the second floors in each of the two floors in each of the real estate registrations, but it is not registered as a separate building on each of the partitioned buildings and the buildings.
C. On October 29, 2002, the Defendant completed the registration of ownership transfer with respect to the shares of 1/10 of the stores 19 of this case and the shares of 1/10 of each of the instant housing sites in the instant building. The Defendant owned 1/10 of each of the instant housing sites among the owners of 1st, 17, 18, 20 each of 43.37 square meters of the stores (net lanes E, F, G) in the instant building and the owners of 17 to 2nd and 51.07 square meters of each of 17 to 20th, each of the instant housing units (net lanes H, I, J, and K). The Defendant and the owners of each of the said stores and the housing units occupy and use each of the instant housing sites as the site of the instant building.
From December 28, 2013 to December 28, 2013, the amount equivalent to monthly rent of 1/10 shares out of each of the instant sites is 495,250 won.
【Evidence A’s Evidence Nos. 1 and 2, Evidence Nos. 4-1 and 2, Evidence Nos. 9-8, Evidence Nos. 1-7, Evidence Nos. 1-7, Evidence Nos. 2-1 to 2-10, Evidence Nos. 3-1 to 3-4, the result of appraisal of appraiser L’s rent, the purport of the whole pleadings
2. Judgment on the plaintiff's assertion
A. (1) The Defendant is the owner of 43.37 square meters’ store on one floor within the instant building.