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(영문) 서울중앙지방법원 2015.11.06 2014가단174503
건물인도등
Text

1. All of the plaintiff's claims are dismissed.

2. Litigation costs shall be borne by the plaintiff.

Reasons

1. Attached Form of recognition;

1. One floor among the E-commercial buildings listed in the list (hereinafter referred to as “instant commercial buildings”) is divided into 83 stores listed in the certified copy of the register, but attached Form

2. As shown in the drawing, each store's structural independence is not recognized, and each store's owner is registered as the sectional owner of each store under the register of the register, and each of the relevant stores is not divided, and only the whole of the commercial buildings is owned by the ratio of the area of the exclusive ownership in the register of the register

Each certified copy of the pertinent commercial building of this case is recorded as being owned by the Plaintiff separately from 156, 123, 122, and 122. However, the Plaintiff, Defendant B, and C are only sharing the entire commercial building of this case in proportion to the area of their respective sections of exclusive ownership on the register.

A lease agreement was concluded between the J and the president and G, H, and I of the Ethical Management Steering Committee (hereinafter “the Management Committee”) composed of co-owners of the instant commercial buildings, with the consent of the persons who were registered as co-owners of 70 stores among 83 stores on the register of each of the 83 stores on the register of the instant commercial buildings, and with the consent of the persons who were registered as co-owners of the said 75 stores on May 23, 2006.

Defendant B and C, at the time of July 11, 2006, shall prepare an agreement with K, G, H, and I (the former Chairperson of the Management Committee of this case who was the Chairperson of K; hereinafter referred to as "K et al.") stating that "the above Defendants shall use Nos. 143 and 156 of the commercial building of this case instead of consent to the agreement with J on the part of Nos. 122, 123 among the commercial building of this case by the Management Committee" (No. 4 of this case; hereinafter referred to as "the agreement of this case"), which is the chairperson and management member of the Management Committee of this case.

2. The drawing was appended.

Defendant B and C shall attach from August 29, 2009 to the annexed sheet.

2. The drawings.

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