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(영문) 서울중앙지방법원 2016.08.10 2015가단5216430
건물명도
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of the lawsuit shall include costs resulting from the participation.

Reasons

1. The plaintiff A shall attach attached Form 1 (1)

2. The real estate stated in the report, and the plaintiff B shall be attached hereto;

3. Each owner of the registered real estate, and the defendant owned the plaintiffs attached Form 2.

3. Each real estate (hereinafter “each real estate of this case”) is a corporation that runs the restaurant business in the name of “E” from May 9, 2015 to “Seoul Special Metropolitan City, the three entire group of D shopping malls” (hereinafter “D shopping mall three group”) located in Gwanak-gu, Seoul Special Metropolitan City (hereinafter “E”) and occupies the three entire group of shopping malls.

D. Meanwhile, the Defendant’s Intervenor’s Intervenor’s Intervenor’s D shopping mall management body (hereinafter “management body”) is the managing body of the third floor of the shopping mall, and the Defendant’s Intervenor’s Intervenor F, G, H, I, J, J, K, L, M, N,O, P among the 112 sectional owners of the third floor of the shopping mall, 110 representatives, excluding the Plaintiffs.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1, 2, Eul's 30, and the purport of whole pleading

2. Determination

A. According to the above facts, it is evident that the plaintiffs occupy each of the real estate of this case owned by them. Thus, the defendant is obligated to deliver the above possession portion to the plaintiffs unless the title is recognized.

I would like to say.

As to this, the defendant and the defendant's intervenor provided the plaintiffs with a comprehensive right of representation for a package lease to the management body by proxy, based on which a legitimate lease contract was concluded between the management body and the defendant, and even if the comprehensive right of representation was not granted, the ownership relationship of the third floor of shopping mall is not a sectional ownership relationship, but a collective lease for the third floor of shopping mall can be made only with the consent of 110 persons except the plaintiffs among the third floor owners of shopping mall, so the defendant has the right to possess each of the real estate of this case. Second, even if there is any right to object to the plaintiffs, it constitutes abuse of rights in light of the process of concluding the above lease contract.

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