손해배상 등
1. The plaintiff (Appointed)'s claims against the defendants are all dismissed.
2. The costs of lawsuit shall be.
1. Basic facts
A. (i) The real estate listed in the separate sheet (hereinafter “B”) was newly constructed around 1980 with the first underground floor and the fifth above ground level. The underground floor and the first and third floors were classified by units, and the fourth and fifth floors were classified by floors, and registered in the collective building register.
B The second floor was removed from most of the walls or sectional facilities in the underground floor and the first and second floors while performing repair work after fire around 1995 and lost independence in structural structure and use.
나. 임대차계약 및 건물명도소송 ⑴ B상가 2층의 구분소유자인 선정자는 2014. 1. 7. 피고 D에게 B상가 2층 1,649.98㎡ 중 별지 도면 표시 1, 2, 3, 4, 5, 6, 7, 8, 1의 각 점을 순차로 연결한 선내 ㈎부분 287.44㎡를 포함한 304.96㎡(2층 287.44㎡와 1층 G호 17.52㎡를 합한 면적이다. 이하 ‘이 사건 점포’라고 한다)를 임대차보증금 6,000만원, 차임 월 440만원, 기간 2014. 1. 10.부터 2016. 10. 17.까지로 정하여 임대(이하 ‘이 사건 임대차’라고 한다)하였다.
Shed Defendant D operated the business at the instant store until March 2014, and removed existing business facilities and installed new business facilities in the instant store.
Article 22(1) of the Civil Procedure Act provides that “Defendant D shall notify the termination of the instant lease agreement on the ground of the structural change of Defendant D, and the foregoing judgment became final and conclusive on July 17, 2015 by filing a building name lawsuit [this Court Decision 2014Da12345, 2015Gadan2802, 205Gadan22967 (each independent party lawsuit)] against Defendant D.
C. On the one hand, each sectional owners on the second floor level B prepared the articles of association around December 2004 and elected its representative, and Defendant B constituted a meeting of the second floor shop owners (hereinafter “Defendant Association”), which was held on December 26, 2014.