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(영문) 대구지방법원 2021.02.16 2020가합202993

주차장사용 방해금지 등 청구의 소

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The defendant shall be listed in the attached Table 1, respectively, by the plaintiffs, the lessee, the sub-lessee, the person under consideration, and the person under possession assistance.

Reasons

1. Basic facts

A. In 2006, two apartment buildings (G and H Dong) 179 households (hereinafter “instant apartment buildings”) and five commercial buildings (201 Dong, 201; hereinafter “instant commercial buildings”) on the ground of the land of 8,290 square meters (hereinafter “the instant site”) in Suwon-gu, Daegu-gu, 2006.

B. Plaintiff A and Plaintiff B are classified owners in each subparagraph of the instant shopping district J, and Plaintiff C are the tenants in the instant shopping district L, respectively, and Plaintiff C and Plaintiff D are the tenants in each subparagraph of the instant shopping district, and the Defendant is the representatives of occupants in the instant apartment complex.

(c)

In each of the subdivisions of the instant apartment buildings 179 households and the instant shopping districts constructed on the instant site, the registration of which the part of the public land on the entire site of the instant building site is the site site has been completed, respectively.

(d)

In the apartment of this case, an underground parking lot that can park more than 169 cars with the size of 2nd underground floor (hereinafter “the underground parking lot of this case”) and a parking lot of the piloti structure that can park more than 42 cars on the 1st floor above the ground of the apartment of this case (hereinafter “the instant piloti parking lot”), and in addition, an outdoor parking lot of the No. 1 through No. 29 of the attached Form 3, which can park 29 cars on the 1st floor of the ground (hereinafter “the instant outdoor parking lot”), is installed.

E. At the time of December 6, 2007, the owner of the instant shopping mall K and L or I and the Defendant prepared a written confirmation as follows (hereinafter “written confirmation”).

The following is confirmed with respect to the share of commercial parking between the defendant and the owner of the commercial building in this case.

Of the two parking lots at the entrance of G, one part is sold in lots to five commercial buildings at the time of sale, and it is changed to a resident's resting facility such as covering the space with the consent of the resident and planting trees and turfs.