(영문) 대구지방법원 2016.08.18 2015가합2946

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(영문) 대구지방법원 2016.08.18 2015가합2946

건물명도

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1. The part as stated in paragraph (2) among the buildings indicated in paragraph (1) of the attached Table to the Plaintiff (Counterclaim Defendant).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”) A management body (hereinafter “Plaintiff management body”) is a management body consisting of 691 co-owners of the building A (hereinafter “instant building”) on the land outside Daegu-gu and two parcels, Daegu-gu, and the total number of sectional owners of the building A (hereinafter “instant building”). The Defendant (Counterclaim Plaintiff; hereinafter “Defendant”) is one of the above sectional owners who occupies the part indicated in attached Table 2 (hereinafter “instant parking lot”) corresponding to the parking lot of the 1st and the 4th underground floors of the instant building and operates a paid parking lot.

B. On July 18, 2012, Non-party E and non-party nine, without the resolution of the Plaintiff’s management body meeting, entered into an agreement on parking lot operation (hereinafter “instant lease agreement”) with the Defendant, setting the Plaintiff as a party to the instant parking lot as KRW 36,194,450, in lieu of the Defendant’s payment on behalf of the non-party Korea Electric Power Corporation. From July 1, 2012 to June 30, 2015, the period of lease was KRW 1,700,000 (hereinafter “the instant lease agreement”).

C. The Defendant, on behalf of the Plaintiff, paid KRW 36,194,450 to the Korea Electric Power Corporation the electric utility fee for the instant building, and continued to occupy and use the instant parking lot, and the amount equivalent to the rent for the instant parking lot is KRW 1,70,000 per month.

B On February 24, 2016, the Daegu District Court 2016Kao22 decided to appoint the Plaintiff and the Defendant as a special representative for the instant lawsuit.

[Ground for recognition] The fact that there is no dispute, Gap evidence 1 (including each number; hereinafter the same shall apply), 4, and 18, and the purport of the whole pleadings

2. The parties' assertion

A. Regarding the plaintiff's assertion 1 principal lawsuit, the defendant falls under the section for common use of the building of this case.

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