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(영문) 수원지방법원성남지원 2016.01.20 2015가단208909
소유권방해배제 등
Text

1. Of the first floor below the building stated in the attached list to the Plaintiff

A. Defendant B is one of the categories listed in the separate sheet No. 13 and 12.

Reasons

1. Basic facts

A. The building listed in the attached list (hereinafter “the building in this case”) is an aggregate building used as a commercial building. Among the first floor of the building in this case, the Plaintiff owns 28, 22, 3, 24, 25, 25, and 6 stores of the Plaintiff among the first floor of the building in this case.

The location and status of the store owned by the plaintiff and the defendants shall be as shown in attached Form 1.

B. The 1st underground floor of the instant building is in contact with India, the front floor of the building (the part where a store in subparagraphs B1 through B6 is located).

The outer walls of subparagraphs B1 through B5 were installed in both sides, such as as attached Forms 1 through 4, and the outer walls of subparagraph B6 were built in reinforced concrete, and they were installed in the lower end, and they were possible to enter the building of this case only through the entrance located on the side of subparagraph B1.

C. However, Defendant B, C, D, and E installed a door at each of their own stores by arbitrarily changing the glass walls and fireproofs, which were originally installed, and Defendant F installed a door leading to each of their respective stores by changing the reinforced concrete outer wall and fireproofs of their own stores into those of their own stores, and installed a door leading to the glass wall and the store inside.

[Ground of recognition] Facts without dispute, Gap's statements in Gap's 1, 2, 5, and 6 (including each lot number application), the purpose of the whole pleadings and arguments

2. Determination:

A. The instant building constitutes an aggregate building under the Act on the Ownership and Management of Aggregate Buildings (hereinafter “Aggregate Buildings Act”), and the props, roof, outer walls, basic structures, etc. necessary to maintain the safety and appearance of a building in an aggregate building are provided to all or some of the sectional owners in the structure, and they do not constitute the object of sectional ownership. As long as the outer wall of a building is a concrete building, it does not vary depending on its material, such as whether it is a concrete, glass.

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