건물인도
1. The claim for the preliminary claim filed by the plaintiff (Counterclaim defendant) added at the trial shall be dismissed;
2.In the trial, the trial shall be held.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. The Plaintiff is a management body comprised of sectional owners of an officetel A (hereinafter “instant building”) in Seongbuk-gu, Sungnam-si.
B. B, on December 26, 2012, acquired the ownership of No. 1 and No. 1 and No. 102 (hereinafter “each of the instant stores”) among the 1st floor of the instant building 2,049.63 square meters under the ground of the instant building, and operated a public bath with the trade name “C” at each of the instant stores.
On the first floor of the instant building, there is no section for exclusive use except each store of this case.
(c) B shall be marked with the annexed drawing (1), (2), (3), (4), (5), (6), (7), (1) the part (a) part of the ship (a) connected with each point in the order of priority among the 1st underground floor of the instant building (hereinafter “ware part”) as a warehouse, and shall be marked with the same drawing), (8), (9), (10), (1), (1), (2), (3), and (8) the part (b) of the ship connecting each point in the order of priority among the 1st underground floor of the instant building (hereinafter “the part on rest”).
(D) Each of the instant stores was installed with a wall and used as a resting facility for those who work at a bath. D et al., one of the first owners of each of the instant stores, who operated a public bath facility in the said stores, installed an indoor signboard at a branch of the instant building in order to promote their own business. The indoor signboard was installed in the same indoor wall, which is an indoor wall that enters the first floor from the outside of the instant building, and entered the first floor of the instant building. As of the closing date of oral argument at the trial, the trade name of each of the instant signboards is “E” as of September 21, 2015, the Defendant established on September 21, 2015, transferred the right to operate each of the instant stores to the Defendant, while maintaining the status of possession of each of the instant stores as of the closing date of oral argument at the trial at the first instance.