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(영문) 부산지방법원 2016.06.10 2014가단96571
건물명도 등
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. The plaintiff's argument is based on the premise that the plaintiff is an organization consisting of the merchants of the aggregate building of this case and has the right to seek delivery of the section for common use of the aggregate building of this case and return of unjust enrichment by being delegated with all the powers concerning delivery based on the sectional ownership and the exercise of the right to claim return of unjust enrichment from the sectional owners of the aggregate building of this case, or that the defendants occupied and used the section for common use of the aggregate building of this case without permission. The plaintiff asserted that the defendants occupied and used the part of the dispute store falling under the section for common use of the aggregate building of this case without permission, and sought the delivery of the part of the dispute and the return of unjust enrichment from the part of the dispute store of this case for about five years prior to the filing date of the lawsuit of this case.

2. Determination

A. First, we examine the assertion that the Plaintiff concurrently belongs to the management body of the instant condominium building.

In the aggregate building, where a third party illegally occupies the site or attached facilities of the building that belongs to the section for common use or the co-ownership of sectional owners, the legal relationship between the exclusion of disturbance and the return of unjust enrichment or the claim for damages against the third party is not a legal relationship which belongs to the sectional owners, but based on the co-ownership right such as the section for common use, etc. Therefore, the first lawsuit is not a legal relationship that belongs to the sectional owners, and thus the sectional owners can take place respectively or collectively. Furthermore, when the sectional ownership relation is established with respect to the aggregate building, a management body organization organized by the sectional owners as an organization aimed at carrying out matters concerning the management of the building and its site and attached facilities as a whole of the sectional owners, and

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