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(영문) 의정부지방법원 2016.12.22 2016가단104586
인도청구
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The following facts may be found either as a dispute between the parties or as a whole in view of the overall purport of the pleadings:

On March 31, 2015, the Plaintiffs filed for the registration of transfer of each share right on the ground of sale due to voluntary auction with respect to each of 1/2 shares in the second floor of the 2nd floor of the Do government-si D ground reinforced concrete building (hereinafter “instant commercial building”) No. 101 to 109 of the underground floor No. 101 to 109 of the Do Government-si.

B. The defendant is a management body composed of sectional owners of the commercial building of this case.

2. The plaintiff's assertion

A. Daiju Development Co., Ltd., a sales company of the commercial building of this case, carried out the following: ①, ②, ③, ④, and ④ the part at 17.56 square meters in the place of the ship connecting each point to the 1st floor of the underground floor and the 1st floor of the ground.

B. Since the right to divided ownership of the entire underground floor has been transferred from the Inter-si Market Cooperatives to the Plaintiffs via E, etc., the Plaintiffs have divided ownership of the portion per 17.56 square meters per place of the above ship.

C. However, without authority, the defendant occupies 17.56 square meters at the place of the ship connecting each of the above points among the commercial buildings of this case, and thus, the owner is obligated to deliver it to the plaintiffs as owner.

3. Determination

A. In order to establish sectional ownership of one building of the relevant legal doctrine as to whether the part 17.56 square meters (hereinafter “the instant stairs”) at the place of the above ship falls under the exclusive ownership, as the object of sectional ownership, one building exists in an objective and physical aspect, and separate parts of the building should have to be independent in structure and use, as well as the division of the building physically partitioned among the buildings should be conducted as the object of sectional ownership.

Here, the act of partitioning is a specific part of a building under the legal concept without changing the physical form and quality of the building.

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