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(영문) 서울고등법원 2019.04.09 2018나2007557
통행방해배제 등
Text

1.The judgment of the first instance, including a claim modified at the trial, shall be modified as follows:

Defendant C.

Reasons

Basic Facts

The reasoning for this Court’s explanation is as stated in Paragraph 1 of Article 420 of the Civil Procedure Act, except in the following cases. Thus, this Court’s explanation is accepted by the main sentence of Article 420 of the Civil Procedure Act.

In the second half of the judgment of the court of first instance, the phrase “as of October 15, 2014,” “as of October 2015, 2014,” “as of August 8, 2014, the sales contract was concluded to purchase KRW 1.5 billion (hereinafter “instant sales contract”) and as of October 15, 2014, the same day after full payment of the purchase price was made.”

The first-class through fourth-class (b) of the first-class judgment of the court of first instance shall be the following:

A person shall be appointed.

B. At the time of the first approval for the use of the drawings at the time of the modification of the contents entered in the building register and the registry of the commercial building of this case, the competent administrative agency did not classify the number of units of the commercial building of this case and approved the use of all the buildings as one general building on November 15, 1995.

At the time of the above approval for use, the "General Building Ledger" was prepared, and the drawings of the present status attached thereto are as follows:

(hereinafter referred to as “the first ground plan of this case”). This is considerably similar to the present state drawings of the following (g), but not divided into Jho and I, but is not indicated in the water supply system.

As to the commercial building of this case, the registration of ownership preservation was completed in the name of P, Q, R, and S on December 1, 1995. This was not divided into lakes, but it was completed as one general building.

At the time of conversion into a sectioned building, the drawings of this case were closed on January 6, 1996 on the commercial building of this case on the ground of conversion into a sectioned building, and the collective building ledger was prepared (converted). The drawings of the current status of the building attached thereto are as follows:

(hereinafter “the second floor plan of this case”). According to this, the second floor of this case is Jhoho (hereinafter “the second floor of this case”) and Ihoho commercial building of this case.

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