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(영문) 수원지방법원 2017.03.30 2016가단28848
건물명도등
Text

1. The plaintiff's claim against the defendants is dismissed.

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

Reasons

1. Basic facts

A. 5th above ground in Suwon-si, Suwon-si, and 5th underground E commercial buildings (hereinafter “instant commercial buildings”) are multi-unit buildings, where the inside store was registered as a sectional building, and there was a floor boundary mark, partitions, walls, building number signs, etc. in line with the sectional ownership of the buyers at the time of opening of August 2001.

B. On August 24, 2001, the Plaintiff completed the registration of ownership transfer with respect to the real estate listed in the separate sheet (hereinafter “instant store”) on August 24, 2001, and owned 7 underground and 5 floors above the ground among the instant commercial buildings.

Defendant C Co., Ltd (hereinafter “Defendant Co., Ltd”) acquired the right to manage and lease facilities from the steering committee (hereinafter “the instant steering committee”) composed of some of the shop owners of the instant commercial building, and Defendant B was the representative director of the Defendant Co., Ltd.

C. The instant operating committee, disregarding the opposition of the shop owners who do not belong to it, was resolved to change the first to the mixed water store by cutting off the partitions from the first to the third above ground of the instant commercial building to the mixed water store, and the fourth to the fifth above ground.

Defendant B, in collusion with F, G, H, executive officer of the instant operating committee, H, I, etc., who was the joint chairperson of the instant operating committee, from around August 15, 202

9. Until May, Defendant B mobilized the members of the service company, and removed the partitions from 1st to 3rd above ground, and removed all internal facilities such as ceiling, floor, etc. on the ground.

Defendant B was convicted on May 28, 2004 of the crime of causing property damage as above (U.S. District Court 2003Ma2441, etc.) and appealed against it, but the conviction was affirmed.

The plaintiff filed a lawsuit against Suwon District Court 2008Kadan56329 against J such as the surrenderation of building.

The court of the case is on the 5th floor of the building of this case, including the store of this case.

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