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(영문) 서울중앙지방법원 2020.05.21 2019가합548182
손해배상(기)
Text

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

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

Reasons

Basic Facts

The construction of the K market building and the establishment of the K market building for L corporation shall be classified into the “instant M building” according to the lot number of each site not exceeding one aggregate building constructed on the ground of the 738.9mm2 and the 3,002m2m2 on the ground of the Jung-gu Seoul Metropolitan Government, Jung-gu and the 738.9mm2m2m2 and the 3,002m2m2 on the ground of the underground floor and the 3m2m2 above the ground, and the “the instant building” and “the instant NM building if two buildings are installed together.”

c. The above building is registered as a separate building on the register, but is connected with each other. Since around 2000, essential facilities such as substations, mechanical rooms, air conditioners, and air conditioners are jointly used, and more than 40 stores are composed of independent 400 stores for the purpose of use.

The building of this case is a 400 clothes sales store subject to sectional ownership from the first to the third floor of each ground at the time of the new construction, and only the underground first floor is " underground" in the underground floor.

It has consisted of stores such as doorp houses subject to divided ownership, and common areas such as underground parking lots, transformers, mechanical rooms, telecommunications rooms, and stairs rooms.

At the time of the completion of registration of preservation of ownership of the building in this case, the Act on Ownership and Management of Condominium Buildings (hereinafter referred to as the "Act on Ownership and Management of Condominium Buildings")

As a relation that had been enforced before this enforcement, "not more than each of the above stores on the ground and underground subject to divided ownership" of the building in this case is "each of the separate stores in this case."

In the title section of the registry of each sectional store, in addition to the section for exclusive use of the relevant sectional store, certain areas of underground and rooftop were registered together.

However, as above, the ratio of shares of the area of each underground section in the register of separate stores among the total area of 1,217.28 square meters registered in the registry of each of the instant divided stores, to which the area of each registered underground section in the registry of each of the separate stores, is the ratio of shares. The separate stores among the total area of each of the

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