건물명도
1. The Defendants deliver to the Plaintiff the real estate indicated in the attached list.
2. The costs of lawsuit are assessed against the Defendants.
3.
The judgment on the cause of the claim is that Plaintiff A owned No. 235 on the first floor among the buildings of this case, Plaintiff B, and Plaintiff C owned No. 123 among the buildings of this case, while Ansan-si, the use of which was approved on February 21, 2001 (hereinafter “the building of this case”); Plaintiff A owned No. 235 on the second floor of this case; and Plaintiff C owned No. 123 on the first floor of the building of this case; the Defendants occupied the real estate listed in the separate sheet, which is the common common area of the building of this case (hereinafter “the instant parking lot”). The fact that the Defendants were the persons operating the parking lot business with the trade name “G” is not disputed between the parties.
According to the Act on the Ownership and Management of Aggregate Buildings (hereinafter “the Aggregate Buildings Act”), common areas of an aggregate building belong to the co-ownership of all sectional owners (Article 10), and preservation activities of common areas are co-owners (Article 16(1)). According to the above facts, since the Defendants occupied and used the parking lot of this case in which the Plaintiffs shared some shares, the Defendants are obliged to deliver the parking lot of this case to the Plaintiffs seeking delivery as part of the preservation activities of the jointly owned property unless there is any assertion by the Defendants as to the legitimate possessory right of the parking lot of this case.
The Defendants asserted that the Defendants did not have any obligation to respond to the Plaintiffs’ claims, since they concluded a lease agreement on the instant parking lot and occupied and used it, agreed to extend the lease term until a legitimate administrator is appointed.
The following facts can be acknowledged in full view of the contents of evidence No. 2-1 and No. 2-2 and the fact-finding results of this court's fact-finding about H, as a whole:
The Defendants, between I Co., Ltd. and I Co., Ltd., on May 22, 2008, set the term of lease regarding the instant parking lot from June 1, 2008 to May 31, 2010.