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(영문) 서울중앙지방법원 2018.12.13 2016가단5141571
손해배상 등
Text

1. The plaintiffs' claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiffs are co-owners who jointly acquired the ownership of the Gangnam-gu Seoul F apartment G (hereinafter “Plaintiffs’ apartment complex”) on February 10, 2003.

(1) Defendant C and D jointly acquire the ownership of the Gangnam-gu Seoul Metropolitan Government F apartment H on December 20, 2002 (hereinafter “Defendant apartment”)

(1/2 of each equity interest).

Defendant C and D filed an application for permission to engage in an act on apartment units on February 12, 2015, Defendant C and D filed an application with the head of Gangnam-gu for permission to engage in an act on the part of the Defendant’s apartment units (multi-family housing structural change). On February 12, 2015, Defendant C and D obtained permission to remove a non-proof wall as stipulated by the head of Gangnam-gu Office on February 2, 2015 with regard to “the removal of a balcony, part of a non-proof wall (1.5 square meters), removal of a cafeteria, and removal of a part of a non-proof wall (3.12 square meters) after the removal of a non-proof wall between the balcony and the balcony.”

C. From February 11, 2015 to February 11, 2015, Defendant E with respect to the apartment units on the part of the Defendant at the management office of the F apartment living support center (management office) around February 10, 2015.

3. By October, 300, documents were submitted to the effect that the interior interior interior interior interior interior interior decoration works (hereinafter “instant construction”) such as the extension of beera or the movement of the main bearing wall.

From February 11, 2015 to February 13, 2015, Defendant E engaged in removal of floors, partial walls, and bendra.

Defendant E, after performing the said construction, completed the said construction at the construction site of the apartment on the part of the Defendant, and the remainder of the construction was made by Defendant E from May 26, 2015 to July 7, 2015.

The Plaintiffs filed a provisional disposition seeking the suspension of construction of the instant case against the Defendants, and the court (Seoul Central District Court 2015Kahap80154) dismissed the Plaintiffs’ application on March 27, 2015 on the ground that “it cannot be deemed that there is sufficient proof as to the need for preservation right and preservation to the extent that the construction is ordered to be suspended at present.”

The Plaintiffs appealed against the above decision and withdrawn it on June 3, 2015.

(e)F apartment.

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