beta
(영문) 서울서부지방법원 2016.11.11 2015나1776

건물명도등

Text

1. All appeals filed by the plaintiffs D, the plaintiffs A, B, and C are dismissed.

2. The costs of appeal are Plaintiff D and.

Reasons

1. Facts of recognition;

A. The building indicated in the attached list (hereinafter “instant building”) is part of the “one unit building” among the building indicated in the attached list located in U of Jung-gu, Seoul (hereinafter “LA”) and is registered as a sectionally partitioned building on the aggregate building ledger, and is also registered as part of the sectionally owned ownership of LA as an injury to the registration of real estate.

B. Lane buildings are completed on October 30, 1958, and as a result of structural safety inspection conducted on May 2002, which were judged as dangerous buildings and defective buildings, and were ordered by the Seoul Special Metropolitan City and Jung-gu Office to reinforce them.

In 2005, the construction of reinforced concrete structure of the existing building was conducted by changing the number of floors from the second floor to the fourth floor.

C. On October 31, 201, Plaintiff D acquired the ownership of the instant building. After that, the Plaintiffs shared the instant building (the shares of Plaintiff D, Plaintiff A, and Plaintiff C: shares of 1/3, Plaintiff A, and Plaintiff C: shares of 1/6 each), and thereafter, Plaintiff D, Intervenor B, and P shared the instant building (the shares of Plaintiff D 1/3, Plaintiff E’s shares of 1/30, F, and H shares of 23/120, 1/6, and 1/122).

E. The defendant, among the 1st floor of the L merchant building, connects each point of the annexed drawings Nos. 255 to 258, 1, 2, 3, 6, and 1 in sequence.

(a) is equivalent to part 8.0 square meters;

hereinafter referred to as “instant store”

[Reasons for Recognition] The entry in Gap evidence 1, 3, 7, and 8, and Eul evidence 1 (including the number of evidence Nos. 7), the testimony of the witness of the first instance court, the result of the request for surveying and appraisal of the Korea Cadastral Corporation, the purport of the whole pleadings.

2. Determination

A. The Plaintiff D and the succeeding intervenors held the sectional ownership of the instant store under the premise that the instant store was part of the instant building, and the Plaintiff and the succeeding intervenors held the sectional ownership of the instant store.