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(영문) 의정부지방법원 2016.11.04 2014가단119843
건물인도 등 청구의 소
Text

1. As to the Plaintiff, among the first floor of the building listed in the attached list:

A. Defendant B: (a) indicated in the Appendix No. 135, 141, 142, 143, and 135, respectively.

Reasons

1. Basic facts

A. The Plaintiff is a managing body under the Act on the Ownership and Management of Aggregate Buildings (hereinafter “the Act”) composed of sectional owners of the buildings listed in the separate sheet (hereinafter “the instant commercial building”). Defendant B, C, D, 2 through 9 is to be specified by the sequence indicated in the separate sheet in the separate sheet. Of the first floor of the instant commercial building, Defendant C, E, F, G, Korea Asset Trust Co., Ltd. (hereinafter “Defendant Asset Trust”), Defendant (Appointed Party), and 10 through 73 are the sectional owners of the stores listed in the separate sheet 2 in the separate sheet in the separate sheet in the separate sheet No. 2.

(However, among the first floor of the instant commercial building, the ownership of Nos. 140, A. 148, and A. 156 was transferred from 25 I on June 17, 2016, which was after the instant lawsuit was filed, to the assignee, and ② The ownership of No. 198 was transferred from 45 AU on March 22, 2012, which was the ownership of No. 198 before the instant lawsuit was filed to AV).

Defendant B, C, D, 2, and 9 occupy each part ordering the delivery (hereinafter “each part of the possession of this case”) under the order of Paragraph (1) of this Article, and each part of the partition facilities (hereinafter “each of the partition facilities of this case”) that Defendant C, D, E, F, G, Korea Asset Trust, Defendant (Appointed Party), 10 through 24, 26 through 44, 46 through 73, and an acquiring intervenor ordered the removal under Paragraph (1) of this Article are jointly owned.

C. Each of the possession sections of this case and each of the partitions facilities of this case are located in the corridor corresponding to the common area among the first floor of the commercial building of this case.

【Defendant B, C, D, G, and Acceptance Intervenor: Defendant F by means of service by public notice: Defendant E, Korea Asset Trust, Defendant (Appointed Party): Each entry of the evidence No. 1, 2, and 5 (including serial numbers; hereinafter the same shall apply), appraiser AW’s appraisal, and pleading.

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