(영문) 서울북부지방법원 2015.04.10 2014가단28395

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(영문) 서울북부지방법원 2015.04.10 2014가단28395

가건물철거

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1. The defendant is against the plaintiff (Appointed Party) and the appointed parties D, E, F, G, H, I, and J on the rooftop of Dobong-gu Seoul Metropolitan Government 303.

Reasons

1. Facts of recognition;

A. The Plaintiff (Appointed Party) and the remaining designated parties (hereinafter referred to as “Plaintiffs”) are owners of the Dobong-gu Seoul Metropolitan Government K-gu K-Ground Linstion 201, 202, 203, 301, 302, 303, 401, 501, and 502, and the Defendant is the owner of the above Linst 402.

B. Linstion is a structure that has a separate roof part corresponding to the roof of 303 (hereinafter “instant rooftop part”) and a rooftop part corresponding to the roof of 501 and 502, which falls under the roof of 303, because the part of the building of 303 was the upper floor and the building of 501 and 502, which are the front floor, are in the shape of stairs.

The rooftop part of this case is a space that occurred due to the application of the right to sunshine, and the entrance door to the above rooftop part was installed and approved for use.

C. On February 5, 2008, the Defendant completed the registration of ownership transfer with respect to Lmanmany 402, and installed a household building on the order (hereinafter “instant unauthorized household building”) without obtaining permission from the instant rooftop on May 2008, and occupied the said rooftop part without permission.

[Ground of recognition] Evidence No. 2, Evidence No. 3-1 to 9 of Evidence No. 3, Evidence No. 3-2 of Evidence No. 3-2, purport of the whole pleadings

2. The parties' assertion and judgment

A. The plaintiffs asserted that the plaintiffs are obligated to remove the above provisional building, since they abuse that the defendant could have access to the rooftop part of this case only through LAW 402, and remodel the main hold installed as the rooftop part of this case into the entrance, and illegally installed the building on the rooftop part of this case which is the common common area and used "the building of this case".

For this, the defendant has a separate building consisting of Nos. 201, 202, 301, 302, 401, 402, 402, 501, and 502, 203 and 303, and the rooftop part of this case is indoors.

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