건물인도
1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are dismissed, respectively.
2. Of the costs of lawsuit.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Facts of recognition;
A. The Plaintiff is a management body comprised of sectional owners of an officetel A (hereinafter “instant building”) in Seongbuk-gu, Sungnam-si.
B. On December 26, 2012, the Defendant acquired ownership of No. 1 and No. 101 and No. 102 (hereinafter “each of the instant stores”) among the 1st floor of the instant building on December 26, 2012, and operates public bath in the trade name “C” at each of the instant stores.
The sectional owners of the first floor of the instant building are only the Defendant, the owner of each of the instant stores, and there is no section for exclusive use other than each of the instant stores on the first floor.
C. Meanwhile, the Defendant, among the 1st underground floors of the instant building, has installed a wall in the manner of using it as a resting facility for the people working in bathing rooms, among the first underground floors of the instant building, and attached Form 1 drawings (hereinafter “the passage part on the underground floor”), which connects each point to each point of (i) through (ii) and (iii) and (i) 252.61 square meters in line with each other (hereinafter “the passage part on the underground floor”), with the intention of public bath, guests or visitors for their business, or with auxiliary facilities, such as a moving room, or with the same drawing indicating (i), (ii) , (iii) , (iv) , (iii) , (iv) , with the order of each point attached to the second underground floor of the instant building, by installing a wall in order to use it as a resting facility for the people who work in bathing rooms, and (i) 29.9 square meters in line with each of the two-story underground floors of the instant building (hereinafter “the key parts on the underground floor”).
As one of the first owners of each of the instant stores, D, etc., who operated a public bath facility in the said stores, shall be indicated in the attached Form 3 drawings in order to promote their business.