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(영문) 서울중앙지방법원 2015.10.12 2014가합58813

시설물철거 및 인도

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1. The Defendant (Counterclaim Plaintiff) received KRW 513,726,056 from the Plaintiff (Counterclaim Defendant) simultaneously.

Reasons

1. Basic facts

A. The Plaintiff is a party-related one) The Plaintiff is a major aggregate building A located in Dongjak-gu Seoul Metropolitan Government E (hereinafter “instant building”).

(2) A management body consisting of all the sectional owners of the commercial building. (2) Defendant B and C, around July 201, transferred Nos. 202 and No. 203 of the second floor of the building of this case from F, who was engaged in friendship and business, to do so. Defendant D received some co-ownership shares from Defendant B and C on April 25, 2013.

B. The present state of the instant building is comprised of 7th underground floor and 41th underground floor, and 7th underground floor parking lots, mechanical rooms, electricity rooms, and part of underground floors from 6 to 7th underground, and commercial buildings from 2th underground to 7th underground floor ( neighborhood living facilities, sales facilities, business facilities, etc.) and apartment (multi-unit housing) from 8th underground to 41st underground floor. 2) Common areas consist of common areas subdivided by commercial buildings and apartment units, in addition to the entire common areas owned by the entire owner and commercial buildings.

The second underground floor is a parking lot for the exclusive use area (which is to be used for public use among the exclusive use area) of the owners of commercial buildings (No. 201 to 204), including the defendants, and the part excluding the constituent parts of the stairs, etc. among the third and fourth underground and its accessory facilities is the common use area of the owners of commercial buildings.

3) The F was using the saves facilities installed and used in part of the 2, 3, and 4 underground. On April 2004, the Plaintiff paid a deposit of KRW 7 million to the Plaintiff, and used part of the 7th underground floor as a boiler room. 4) Defendant B and C purchased saves or facilities from F around July 201, and donated part of their shares to Defendant D around April 2013.

C. The conclusion of the contract on the long-term use of the section for common use and the relocation of the section for common use of the apartment house, the council of occupants' representatives, who concluded the contract, intended to connect the elevator for apartment to the underground parking lot, requested the Defendants to move the company's

The plaintiff on 2011.