구조물 철거, 인도 및 부당이득금 반환
1. The Plaintiff:
A. The part of Defendant B’s appraisal in sequence connects each point of 1, 2, 7, 8, and 1 as indicated in the attached sheet.
1. Basic facts
A. On June 30, 2015, with respect to No. 1 floor F of the E building in Jung-gu Seoul, Jung-gu, Seoul, the registration of ownership transfer was made under the name of the Plaintiff on October 28, 2010 regarding the Plaintiff’s name and No. 1 floor F of the E building, and the Defendant C leased and occupied the part used as G with the Defendant on July 27, 2015, setting the rental period of one year between the Defendant B and the transfer thereof.
B. On the aggregate building register prepared on July 19, 202, the number, structure, location, and size of the sectioned store as shown in the attached appraisal drawings are specified. As a result of surveying the current status of possession as of the above F and G, the portion inside the line connecting each point of 0.13 square meters, 2, 3, 6, 7, and 2 in sequence with each point of 0.70 square meters and 3, 4, 5, 6, and 3 in sequence connected each point of 0.10 square meters in the line connected each point of 0.70 square meters and 3, 4, 6, and 3 in the line connected each point of 0.10 square meters in sequence with each point of 0.10 square meters in the aggregate building register are used as G by cutting down the part of the F subparagraph specified in the attached appraisal sheet.
[Ground of recognition] Unsatisfy facts, Gap evidence Nos. 3, 4, 5, 13, and 19 (including numbers), the result of the on-site inspection conducted by this court, the result of the survey and appraisal conducted by appraiser H, the purport of the whole pleadings
2.Article 1bis of the Act on the Ownership and Management of Aggregate Buildings provides that one unit of commercial building shall be the object of ownership of a sectioned store which satisfies certain requirements and is divided for use. The number, type, structure, location, and area of a sectioned store shall, unless there are special circumstances, be specified by the registration of a building ledger and the registration based thereon.
Therefore, barring special circumstances, such as where the party to the transaction of a sectioned store deems that the structure, location, and area of the sectioned store is not intended to sell or purchase the sectioned store by means of collective building ledger, etc., regardless of the actual status of use as the store, it shall be deemed that the trade of the sectioned store determined by the structure, location, and area is subject to the sale.