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(영문) 대구지방법원 2015.11.05 2015나166
건물등철거
Text

1. The plaintiff's appeal and the conjunctive claim as to the main claim are changed for exchange at the trial.

Reasons

1. Basic facts

A. C Co., Ltd. (hereinafter “C”) completed the registration of transfer of ownership in the name of the Plaintiff (hereinafter “Plaintiff”) who is an affiliate company on January 30, 2013 with respect to the land for a factory of 5,826 square meters (hereinafter “1 land in this case”) and 276 square meters in E-school sites (hereinafter “2 land in this case”).

B. On the ground of the instant land Nos. 1 and 2, G apartment (hereinafter “instant apartment”) and the commercial building of the instant apartment complex (hereinafter “instant apartment building”) on the ground of the instant apartment complex, and on February 19, 199, C completed the registration of ownership preservation in its name (the instant apartment building is located on the land No. 1 and most of the instant commercial building are located on the land No. 2), and on March 25, 199, the registration of ownership transfer was completed with respect to the instant commercial building on the ground of sale to the Plaintiff.

However, No. 101 of the first floor of the commercial building of this case was 2/3 shares in the name of H, and 1/3 shares in the name of the plaintiff respectively.

C. Under the ground of the instant shopping mall building, the instant apartment building, the instant apartment building, the senior citizens’ room, management room, water level room, etc. are installed in attached Form 1 to treat the sewage and wastewater discharged from the instant apartment building, the instant apartment building, etc. (hereinafter “instant septic tank”).

On March 2, 2011, the defendant is an autonomous management organization that consists of occupants of the apartment in this case.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 5 through 7, 9, Eul evidence Nos. 1 through 3 (including numbers; hereinafter the same shall apply), fact inquiry results in the first instance court's racing market, the purport of the whole pleadings

2. The plaintiff's assertion

A. The plaintiff is the owner of the building of this case, and the noise and malodor caused by the purification of this case located underground in the building of this case.

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