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(영문) 인천지방법원부천지원 2016.04.27 2014가합3459

손해배상 등

Text

1. Defendant C, D, and E jointly, 84,040 won for Plaintiff A and 27,770 won for Plaintiff B and their related thereto. < Amended by Act No. 14535, Apr. 27, 2016>

Reasons

1. Basic facts

A. After completion of the construction on July 29, 1981, the buildings listed in the attached list (hereinafter “instant building”) were recorded in the general building register and the general building register. On October 18, 2001, the buildings were listed in the aggregate building register.

However, the register of aggregate building was not created, and the building title column of the building of this case contains the whole details of the building of this case and the area of section for exclusive use indicated in the aggregate building ledger of this case.

B. Plaintiff A is each owner of the first floor Nos. 46, 58, 59, 61, and 73 of the instant building; Plaintiff B is 60 and 74 of the same floor; and Defendant C is 1/2 of the same floor No. 1 of the same floor.

C. Plaintiff A leased Plaintiff A’s Nos. 46, 58, 59, 61, and 73 of the instant building to F, respectively, and Plaintiff B leased Plaintiff B’s Nos. 60 and 74 of the same floor until March 10, 2011. F operated retail stores with the trade name “G” at each of the said stores for about ten years until March 10, 201.

From Defendant C, Defendant C was occupied and used by leasing and using the attached Form No. 2, A, C, D, and E, which is the section for common use. Defendant E leased the attached Form No. 2 as the attached Form No. 2, which is the section for common use, and occupied and used as clothes with Defendant D, who is his father.

2010. 12. 7. 이전부터 2014. 4. 15.경까지, 피고 C은 이 사건 건물 1층 공용부분 중 별지 감정보완도2 표시 바, 사 부분에 점포를 만들어 점유하였고, 공용부분 중 별지 감정보완도2 표시 32, 35의 각 점을 연결한 부분에 패널로 칸막이를 설치하여 점유하였으며, 피고 다이소아성산업은 이 사건 건물 1층 공용부분 중 별지 감정보완도2 표시 40, 41의 각 점을 연결한 선 및 별지 감정보완도2 표시 ⓧ, ⓦ의 각 점을 연결한 선 위에 칸막이를, 별지 감정보완도2 표시 가, 가-1, 가-2, 가-6, 가-7, 가-8 부분에 각 진열대를, 별지 감정보완도2 표시 가-3 부분에...