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(영문) 부산지방법원 2019.02.14 2017가단335260
공작물 철거 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. Basic facts

A. On February 27, 1980, 11, including the Plaintiff, completed the registration of ownership transfer in the form of joint ownership with respect to the underground, rooftop (6 floors), first floor 6, and 6th floor 20.10 square meters (the location of an elevator) of L merchant building located on the Busan Jung-gu F, G, Busan Jung-gu H and I ground (hereinafter “instant commercial building”).

(The real estate registration of underground and rooftops are compiled, and 23 co-owners are now sharing due to changes in inheritance, gift, sale and so forth).

Common facilities such as toilets, machinery rooms, screen rooms, warehouses, etc. are installed on the underground of the commercial building of this case, and common facilities such as transformation rooms, power distribution rooms, water tanks, water pipes, water pipes, fire-fighting machinery, pumps rooms, etc. are installed on the rooftop.

C. Defendant B is the owner who completed the registration of ownership transfer on July 20, 2016 with respect to the 1st floor M No. 12.83 square meters (the trade name as a coffee store; hereinafter “instant store”) among the instant commercial buildings.

Defendant D is the lessee of the instant store.

[Ground of recognition] A.1-5 Evidence, Eul evidence, the purport of the whole pleadings

2. Assertion and determination

A. The Defendants asserting that the Plaintiff asserted was using the water tank water without permission from the date to the pipe connected to the water tank installed on the rooftop of the instant commercial building from the date on which the pipe or water pipe was discharged, and the pipe or water pipe was installed, and the high voltage cable was installed illegally connected to the instant store, and the water tank was used.

The plaintiff is the representative of 23 co-owners of the rooftop among the commercial buildings of this case, and is the act of preserving the jointly-owned property, and seek to pay unjust enrichment equivalent to the rent by the time of removal along with the removal of the above structure.

B. Comprehensively taking account of the overall purport of the arguments in Eul evidence No. 1, the board of directors of the instant shopping mall meeting on August 1, 2014, “the store owner of the instant shopping mall installed the water tank at will, but approved the accounting audit contribution of the accounting auditor E, by recognizing that the store owner contributed to the accounting audit of the accounting auditor E.

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