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(영문) 서울중앙지방법원 2014.11.14 2013가단287334
건물명도 등
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On December 11, 1989, the Plaintiff and the Defendant B Co., Ltd. (hereinafter “Defendant Co., Ltd”) newly built the real estate (name “G building”; hereinafter “instant building”) on the ground of 5 stories underground and 14 stories above 747.7 square meters on the land owned by the Defendant Co., Ltd., the representative director of the Defendant Co., Ltd. (D donated the said land to the Defendant Co., Ltd. on January 15, 1997), and the F. 747.7 square meters above that owned by the Plaintiff, on the ground of 747.7 square meters above that owned by the Plaintiff.

B. After that, the Plaintiff and the Defendant Company agreed on May 28, 2002 on the instant building (hereinafter referred to as the “Agreement on May 28, 2002”) as follows:

1. On May 202, 202, in registering the change of the indication of a building and the division of common property on each floor, the first floor, the second floor, the second floor, and the fifth floor underground continue to exist under the joint name. 2. 7th floor (A, the Plaintiff), and the third floor (B, the Defendant Company) are expected to be extended (14, 15, 16, 17th floor above the ground), the deposit, rent, management fee, and the settlement of the rent, management fee for the seventh floor and the third floor after the completion of the extension is maintained and the extension is completed (Provided, That it shall be restored to the original state at the time of the extension, and it shall be owned jointly).

3. 3. Of the first floor of a building, the right-hand side of the front room (24.64 square meters, 24.64 square meters) is owned by the Defendant Company, and the left-hand side of the front, respectively by the Plaintiff.

4. Facilities, operation, and all other things of the building shall be invested, managed, used and managed jointly by the plaintiff and the defendant company.

5. Signboards and advertisements to be attached outside the building shall be under joint management by the plaintiff and the defendant company;

As above, the plaintiff and the defendant company agree to resolve the problem of the building at all times, and sign and seal the following to prove this.

C. After the above agreement, the Plaintiff and the Defendant Company are either the Plaintiff or the Defendant Company with respect to the portion of exclusive ownership of the remaining floors except the first, second, and fifth floors underground among the instant buildings.

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