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(영문) 서울동부지방법원 2015.01.22 2014가합8811
공유부분사용금지등
Text

1.(a)

Defendant B and C are in the Songpa-gu Seoul Metropolitan Government Award, and (1) as shown in the Map 1, 2, 3, 4, and 1.

Reasons

Basic Facts

The plaintiff is a management body established under the Act on the Ownership and Management of Aggregate Buildings (hereinafter referred to as the "Aggregate Buildings Act") for the purpose of managing Songpa-gu Seoul Metropolitan Government A shopping mall (hereinafter referred to as the "instant shopping mall"), and the defendants are engaged in the business of leasing and operating the store of the instant shopping mall.

Defendant B, including Defendant B and C’s business and occupation use, etc., including the Defendants’ business and occupation use, and Defendant B and C run a restaurant business in the name of “F” by leasing stores Nos. A46, A3, A34, A35, and A20 below the shopping mall of this case. Of the common areas outside the said A46 shop, the annexed Form 3 of the annexed Form 1 among the common areas outside the said A46 shop is the extended part of the annexed Form 1.

The portion of “A” part of “A” connected with each point of marked 1, 2, 3, 4, and 1 in sequence is 4.095 square meters and is used for restaurant business by selling business goods, such as mobile-type bars, etc., and is used exclusively for the said part (hereinafter “Defendant B and C-owned common areas”).

In addition, Defendant B and C have placed the aforementioned A20 stores (attached Form 1 with a height exceeding 180 cm in height of 180 cm, part of “B,” which connects each point in sequence of 5,6,7,8, and5; hereinafter “Defendant B and C occupied A20 stores”).

Defendant D, such as Defendant D’s business, possession, and use of the instant commercial building, sells clothes in the name of “G” under the mutual name of “G”. Of the joint-use areas (sections) outside the said 1A57 shop, the attached Form 4 of the attached Form 2 among the attached Form 2 drawings expanded the part related to the instant case.

In the order of indicating 1, 2, 3, 4, 5, 6, and 1, the part “A” is installed in the part “A” which connects each point in the order of 9.35 square meters, and the goods are loaded therein, and the above part (hereinafter “Defendant D-owned common areas”) is exclusively occupied and used for clothing sales business.

In addition, Defendant D shall set forth above 1A57.

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