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(영문) 대전지방법원 2017.06.30 2016가단36345
소유권방해배제청구권에기한불법시설물철거
Text

1. The Appointor shall indicate the attached Form 2, attached hereto, linked to the outer wall of the first floor of the building listed in the attached Table 1, to the Plaintiff.

Reasons

1. Basic facts

A. A building listed in the attached list 1 (hereinafter “instant building”) is a business facility consisting of 7th underground and 19th ground-based collective living facilities.

B. As to subparagraph 201 of the instant building, the Plaintiff is a sectional owner who completed the registration of ownership transfer on November 8, 2005, and the selector is a sectional owner who completed the registration of ownership transfer on March 30, 2009 with respect to subparagraph 104 of the instant building, and the Defendant (Appointed Party) leased subparagraph 104 of the instant building (hereinafter “instant store”) from the selector around July 30, 2012, and operates a mutual authorized brokerage office called “C Licensed Real Estate Agent” at that place until then.

C. The instant building is of a structure larger than the area of the ground floor, and the outer side of the outer wall of the instant store is the air space in the original underground floor.

At around 2004, the owner and lessee of the instant store installed a glass entrance in the direction of the outer wall of the building of the instant store, and installed a bridge structure (hereinafter “instant structure”) directly connected to the ground outside of the building on the part of 6.24 square meters in the ship connected with each point in sequence of 6.24 square meters in the aforementioned glass entrance, along with the indication of the attached Form 2 drawing leading to the said glass entrance.

E. As of the date of closing argument of the instant case, the instant structure is used as an exclusive or exclusive access to the instant store from the outside side of the building to the instant store.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2 through 4, 7 through 9, and the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion (appointed party) and the selection (hereinafter referred to as "the defendant") have installed the instant structure on the outer wall of the building that is a common part of an aggregate building and exclusively used it. Thus, the plaintiff is a common part.

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