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(영문) 서울서부지방법원 2016.12.23 2015가단232722
건물명도
Text

1. Of the nine floors of the building on the ground of Eunpyeong-gu Seoul Metropolitan Government 7,008 square meters and above 7,008 square meters for the Plaintiff:

A. The Defendants are jointly and severally liable for the attached Form 1.

Reasons

1. Basic facts

A. On the ground G buildings of Eunpyeong-gu Seoul Metropolitan Government 7008m2, 7008m2, 8 underground floors and 16m2 as an aggregate building of the 16th floor on November 6, 2001, which obtained a building permit on August 3, 2005 and obtained approval for use on August 3, 2005, and used as H department stores for 9m2 as a restaurant.

B. Of the nine floors of the above building, the Plaintiff’s registration of transfer of ownership on February 14, 2012; the registration of transfer of ownership on September 28, 2010; the registration of transfer of ownership on September 28, 2010; and the registration of transfer of ownership on November 25, 2005, No. 23.10 square meters on September 20, 201, with Defendant C having completed the registration of transfer of ownership on September 20, 201, with Defendant C’s 1/100 shares; and the registration of transfer of ownership on September 23.10, 205, with Defendant D’s 23.10 square meters on October 6, 2005; and the registration of transfer of ownership on September 23, 205, with Defendant E’s 23.10 square meters on January 12, 2006.

C. The commercial buildings in the 9th floor restaurant are divided into the first 77 separate stores, and thereafter, the stores are connected two to three and used for one store. Defendant B, D, and E operate restaurants at the stores which completed the registration of ownership transfer as above.

The location of the SOS system, signboards, and air conditioners required for the Defendants' stores is as shown in the separate appraisal sheet in the attached sheet, and is installed in a hole or a resting room in common with other stores.

[Evidence Evidence: Facts without dispute, Gap evidence No. 1 through 7, 9, the purport of the whole pleadings]

2. Where several sections, which are structurally divided, among one building under Article 1 of the relevant provisions of the Act on Ownership and Management of Condominium Buildings (hereinafter referred to as the "Act on Ownership and Management of Condominium Buildings"), may be independently used, each section may be the object of independent ownership under the conditions as provided in this Act;

Article 1-2 (Partitioned Ownership of Commercial Building) (1) In cases where one building is divided into several buildings in the following ways, the said building part (hereinafter referred to as the "sectioned shop") shall be this Article:

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