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(영문) 서울고등법원 2016.04.28 2015나15988

자동차통행방해금지

Text

1. Revocation of a judgment of the first instance;

2. The plaintiffs (appointed parties) C, D, E, Appointeds, Defendant L, and others.

Reasons

1. Basic facts

A. 1) The Plaintiff A’s status as the party to the dispute is to move to the G Motor Vehicle Trade Complex in Gangnam-gu Seoul Metropolitan Government F (hereinafter “instant building”).

(2) As to the ground of appeal Nos. 101, 233.53 square meters and 102 square meters and 286.41 square meters (hereinafter “instant 101 and 102”).

(1) The Plaintiff Company B (hereinafter “Plaintiff Company”) is an owner of 1/2 shares of the Plaintiff Company, along with H around April 2013.

(2) Since around that time, Defendant C, E, I, J, K, M,O, L, and N are co-owners of each 1/8 square meters of the ground of the instant building, Nos. 1342,317.32 square meters (hereinafter “instant No. 134”), and Defendant I are co-owners of the instant building, who registered the automobile transaction business under Article 55 of the Automobile Management Act, and operated the Plaintiff Company under the instant Nos. 101 and 102 until that time. (2) As co-owners of the 1/8 square meters of the instant building (hereinafter “instant No. 134”), Defendant C is the beneficial right holder, Defendant I is the beneficial right holder, and Defendant I is 5/72 equity right holder

(hereinafter “Co-owners of this case”).

Defendant P Co., Ltd. (hereinafter “P”) is a company operated by Defendant C and I, and Defendant D is a company operated by Defendant J, and both companies operate the automobile transaction business in the instant case 134.

B. 1) The 1st underground floor of the instant building may enter the instant building, which is a parking space for the display of vehicles, by the vehicles entering the underground along the parking channel via the statutory parking lot. In order to re-enter the instant 101 and 102, among the instant 134, the part ① part of the instant 39.48 square meters connected in sequence 1 among the instant 134 (hereinafter “instant dispute”) connected in order to enter the instant 101 and 102.

2) On the other hand, in order to pass the first floor of the instant building into a motor vehicle, the Plaintiffs used the instant Nos. 101 and 102 for the purpose of the Motor Vehicle Exhibition, and entered the motor vehicle through the instant dispute section. 2) On the other hand, in order to pass through the motor vehicle, part of the instant 134 and the statutory parking lot.