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(영문) 서울북부지방법원 2019.11.19 2018나36630
제3자이의
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The following facts can be acknowledged in full view of the following facts: Gap evidence 1 to 9, evidence 10-1 to 3, evidence 11, evidence 12, evidence 13-1 to 18, evidence 14-1 through 3, evidence 16 to 19, evidence 1, evidence 2-1 to 2-3, Eul evidence 4, 11, 12, evidence 15, evidence 18 to 21, evidence 18 to 24, evidence 28, Eul evidence 34, 35, evidence 41, evidence 42-1, and evidence 42-1, 2, Eul evidence 43.

Attached Form

In around 1980, buildings listed in the list (hereinafter referred to as “instant A”) were constructed as an aggregate building by each unit from underground floors to the third floor, and the fourth and fifth floors were divided by floors. Since fire occurred in around 1995, the repair work was performed after the removal of walls or partition facilities on the second floor and the structural and use independence was lost.

B. On June 2003, the Plaintiff is a non-corporate body established with the members who delegated the lease to the Plaintiff among the sectional owners who owned the units of the second floor among the sectional owners who owned the units of the second floor of this case, in order to perform all the affairs related to the maintenance, repair, management, lease, etc. of the second floor.

C. The Defendant and the Defendant’s spouse C acquired the ownership of 18 units of the instant building, including H, I, J, K, L, M, N,O, P, Q, R, T, U, V, W, X, and Y, and only H H have completed the registration of ownership transfer in the name of C.

1 C completed the registration of transfer of ownership with respect to the second floor H on January 20, 204, and thereafter completed the registration of transfer of ownership with respect to the second floor H on March 9, 2009, but the registration of transfer of ownership with respect to the above Z name was cancelled due to reasons such as Seoul Central District Court 2009Kadan109307 around May 7, 2015.

2. On July 30, 2002, the defendant on July 30, 2002, the second floor A, Jhoho Lake, Khoho, L, M, Nho, S, Tho, U, V, Who.

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