(영문) 광주지방법원 2016.04.28 2014가합55002

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(영문) 광주지방법원 2016.04.28 2014가합55002

손해배상(기)

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1. On February 4, 2016, Defendant B, Inc., and Defendant C, as to each of the said money, KRW 7,011,948, and each of the said money.

Reasons

1. Basic facts

A. The status of the parties and sales of the instant building 1) The Plaintiff is a building A located in the Southern-gu Seoul Metropolitan City D (hereinafter “instant building”).

Defendant B (hereinafter “Defendant B”) is the managing body of the Defendant Company B.

1) The first floor of the instant building No. 101-1, 101-3 (hereinafter “101”).

(2) On October 208, the Plaintiff newly constructed the instant building and completed the registration of ownership transfer under the name of E, around October 2008. On March 4, 2009, after entering into a sales contract with Defendant B on September 30, 2009, the registration of ownership transfer under the name of Defendant B on September 30, 2009, and the sales contract under the name of Defendant C on November 22, 201 with Defendant C on November 22, 201, and completed the registration of ownership transfer under the name of Defendant C on December 6, 2011.

3) On July 18, 2014, Defendant B sold the instant building No. 101 to Nonparty F again, and Defendant C sold the instant building Nos. 101 and 102 to Nonparty G on August 17, 2012. (b) Defendant B changed the section for common use of the instant building on the first floor, which is a public use part (hereinafter “instant parking lot”). Defendant B newly packaged the floor construction on the top of the first floor of the instant building, which is a public use part, and built a fence to divide the landscaping zone and the parking zone.

2) The instant parking lot was used as a passage connected to the entrance of the left-hand wall part of the instant building No. 101, adjacent thereto, and was restored to its original state, along with the landscape gardening on the left-hand side of the building that was changed on July 8, 2014. 3) Defendant B installed a garage on the upper-hand side of the first floor of the instant building (hereinafter “instant equipment entry site”), but at the present time, only the floor of the equipment entry site was removed.

C. Defendant C’s change in the section for common use of the building.

유사 판례

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