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(영문) 서울동부지방법원 2016.11.30 2015가합4250
공작물철거 등
Text

1. Defendant D, among the real estate sites listed in the attached Table 1 list, marks 10, 62, 63, 11, and 10 of the attached Form 2 among the real estate sites listed in the attached Table 1.

Reasons

The plaintiff indicating the claim for judgment as to the claim against the defendant D is the sectional owner of the building of this case.

Defendant D operated a bath with the trade name “K” in No. 2101 and No. 2102 of the instant building, and Defendant D installed the bath facility of this case and the fence of this case in the section for common use of the instant building and exclusively occupied each corresponding part.

Therefore, the Plaintiff, a sectional owner of the instant building, is an act of preserving common areas, and may request the Defendants to remove the bath facilities of this case and the fence of this case. Defendant D is obligated to remove the bath facilities of this case and the fence of this case, respectively, and deliver each of the relevant parts to the Plaintiff.

The judgment of confession (Article 208(3)2 and Article 150(3) of the Civil Procedure Act), which is based on the facts that the other defendants' claims against the defendants, is based on the main complex building of the third underground and the 19th floor above ground, all of which consist of 474 rooms. The underground first floor is used as sales facilities, sales facilities, and neighborhood living facilities (general bath), and officetels from the third to the 19th floor above ground.

The building of this case was originally built by the Plaintiff’s per se, and was inspected around November 28, 1998, and L was sold in general, and owned 288 houses, including the first floor and the first floor above the ground, and managed the building of this case, and did not constitute a management body for separate building management.

L died on November 30, 2008, and L jointly succeeded to the property by M, children, N, P, Plaintiff, and Q. The Seoul High Court 2013B64, and 65 in the case of division of inherited property among the co-inheritors. The above court held on November 27, 2013 that the Plaintiff owned 11/13 of the sectional ownership of 143 units among the sectional ownership of 28 units of the building of this case, the inherited property of the deceased. M,O, P, 145 units of the building of this case.

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