(영문) 청주지방법원충주지원 2017.08.08 2016가단5347

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(영문) 청주지방법원충주지원 2017.08.08 2016가단5347

토지인도 등

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is the council of occupants' representatives comprised of occupants of the Chungcheong A apartment (hereinafter “instant apartment”) pursuant to Article 14 of the Multi-Family Housing Management Act.

B. The instant apartment site is located in the area where DJ 8,181 square meters (hereinafter “instant apartment site”) is the site in Chungcheong-si.

C. The Defendants are each owners of 1/2 shares, each of which is one-half of the land of this case, E, 539.8 square meters adjacent to the land of this case, and possess a part of 42 square meters in the ship (hereinafter “the part occupied by the Defendants of this case”) connected each of the above land in sequence with the land of this case, and is located near the boundary of the said land.

[Reasons for Recognition] Unsatisfy, Gap evidence 3, Eul evidence 1, the purport of the whole pleadings

2. Determination as to the cause of action

A. Since the Plaintiff’s assertion without title occupies and uses the part of the Defendants’ possession without title, the part of the Defendants’ possession of the instant apartment shall be delivered to the Plaintiff, the managing body of the instant apartment, and the amount calculated by the rate of KRW 39,322 per month, which is the rent for the part of the Defendants’ possession from July 14, 2016 to the completion date of delivery, shall be returned to the Plaintiff as unjust enrichment.

B. In the first aggregate building, where a third party illegally occupies the site or attached facilities of the building that belongs to the section for common use or the co-ownership of the sectional owner, the legal relationship between the exclusion of disturbance and the return of unjust enrichment or the claim for damages against the third party is not a legal relationship that belongs to the sectional owner, but based on the co-ownership right such as the section for common use, etc., and thus, the sectional owner may first or all of the sectional owners. Furthermore, if the sectional ownership relation is established as to the aggregate building, the purpose of this lawsuit is to carry out matters concerning the management of the building, its site and attached facilities as all of

참조조문

-공동주택관리법 제14조

유사 판례

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