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(영문) 광주지방법원 2017.05.10 2016가단508787

시설물철거 등

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1. Defendant B management body: KRW 1,268,866 and the Plaintiff’s annual rate of KRW 5% from October 6, 2016 to May 10, 2017.

Reasons

1. Basic facts

A. Limited Liability Company E newly constructed B commercial buildings of the size of the second and seventh stories underground on the D ground of Gwangju Mine-gu, and completed registration of preservation of ownership on July 28, 2005.

B. Each of the above commercial buildings is registered in the aggregate building register by dividing it into the section for exclusive use and the section for common use, and the registration of an aggregate building is made in the register, such as the indication of one building, the indication of land which is the object of the site ownership, the indication of the building on the whole land, and the indication

C. The above 513 square meters of the size of the section for exclusive use in the building ledger or the registry is indicated as 101.16 square meters, and among which part of the attached Form Nos. 8.94 square meters of the same are installed from the time of construction.

The Plaintiff is the owner who completed the registration of ownership transfer for the real estate (No. 513) listed in the separate sheet among the instant commercial buildings on June 3, 2008. Defendant B management body is the management body that maintains and manages B commercial buildings (hereinafter “instant commercial buildings”) from August 9, 2005. Defendant C is a person who operates private houses from the first floor above the above commercial buildings.

E. On the first floor of the above commercial building, Defendant C, with the permission of Defendant C management body, installed various conduits necessary for rains or facilities within the above (1) part with the permission of Defendant C.

[Ground of recognition] Facts without dispute, Gap 1 and 2 evidence, appraiser F's appraisal reply, the result of the on-site inspection by this court, the purport of the whole pleadings

2. Assertion and determination

A. The Plaintiff’s assertion is the owner of 513, who is entitled to use the entire 101.16m2 of the genetic resource part.

However, among the section of exclusive ownership, the joint facility of the above commercial building is installed in the joint facility(1) section, pipes, telecommunication lines, and electric power sector, and Defendant C installed a pipeline and interferes with the use of the Plaintiff.

Therefore, the defendants have the following obligations against the plaintiff.

(1) The Defendants are jointly obligated to remove the Defendants, and the portion of (1) is illegally occupied.