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(영문) 서울서부지방법원 2016.06.09 2015가단211657
건물등철거
Text

1. The defendant,

A. Removal of the buildings listed in the separate sheet to the plaintiffs;

B. From May 24, 2013 to May 24, 2014 to Plaintiff A.

Reasons

1. The plaintiffs asserted that the land listed in the separate sheet (hereinafter "the land of this case") is the right holder (9/36) who won the lawsuit against the defendant for the registration of ownership transfer based on the restoration of the authentic title and completed the registration of ownership transfer. Since the defendant removed the existing building existing on the land of this case without the plaintiffs' consent and disposed of or altered the building that was listed in the separate sheet (hereinafter "the building of this case"), he sought removal of the building of this case as the right holder of the common property and sought restitution of unjust enrichment from May 24, 2013 to the removal of the building of this case.

In regard to this, the defendant asserts that the removal of the existing building on the land of this case and the new construction of the building of this case are management activities of the common property owned by the defendant with a majority of the shares, so there is no obligation to remove the building of this case, and that the area of the building of this case is about 47.07% of the area of the land of this case and the plaintiffs can use the land of this case at any time as much as the share of this case, so damage to the plaintiffs or

2. Determination

(a) The detailed method for the use and profit-making of the common property among co-owners establishing the liability for removal of a building shall be determined by a majority of co-owners' shares, as matters concerning the management of the common property, and co-owners who have a majority of shares did not have consultation on the method of management of the common property with

Even if matters related to the management of the article jointly owned can be decided independently, it is the method of management of the article jointly owned if a majority of the co-owners have determined to exclusively use and benefit from the specific part of the article jointly owned.

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