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(영문) 서울서부지방법원 2014.05.29 2013가합7585
원상회복
Text

1. The defendant is on the line that connects each point of the attached Form 9, 10 among the second floor of Yongsan-gu Seoul Metropolitan Government and the E-ground F Buildings.

Reasons

1. Facts of recognition;

A. The Yongsan-gu Seoul Metropolitan Government and the E-ground F Building (hereinafter “instant building”) are commercial buildings from the 1st to the 4nd above ground. The 5th above ground to the 18th above ground are the main complex buildings, which are apartment buildings, and are prescribed by the Act on the Ownership and Management of Aggregate Buildings (hereinafter “the Aggregate Buildings Act”).

Plaintiff

A is the owner of the instant building 502-1/2 shares, Plaintiff B is the owner of the instant building 1402, Plaintiff C is the owner of the instant building 1404, and the Defendant is the owner of the instant building 203 commercial buildings.

B. On May 17, 2009, the store owned by the Defendant was originally via the entrance door of the front of the instant building, or via a separate entrance going behind the second floor of the instant building located at the end of the corridor, and there was no entrance leading immediately from the said store to the outside of the building. The Defendant opened an entrance as described in Paragraph (1) of this Article (hereinafter “instant entrance”).

C. The original part of the glass wall was constructed in the form of supporting the glass wall at the lower part of the lower part of the wall, which is in contact with the outside, and is entirely impossible to open or close, and was part of the outer wall of the building of this case, along with the glass wall installed on the outer wall of the 3 to 18th floor of the building of this case.

[Ground of recognition] The fact that there is no dispute, entry of Gap 1, 3, and 8 (including branch numbers; hereinafter the same shall apply), the result of on-site verification by this court, the purport of the whole pleadings

2. Determination on the cause of the claim

(a)prop, roof, outer walls, basic structures, etc. necessary to maintain the safety or appearance of a building in an aggregate building are provided for the common use of all or some of sectional owners, not for sectional ownership;

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