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(영문) 서울중앙지방법원 2019.11.07 2018가단69302
건조물철거 및 건물명도 청구의 소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Seoul Jongno-gu Seoul Metropolitan Government 78.1㎡ retail store of 64.50 square meters (hereinafter “the instant building”) is registered as the owner of the Plaintiff A and B, the Plaintiff C, the Plaintiff C’s 2/5 equity, and the Defendants’ 1/10 equity shares, on the registration basis, but in fact, the building is in the so-called sectionally owned co-ownership relationship where the Plaintiff and B occupy part of the building (the Defendants jointly own their occupied part) and owned that part of the building (the Defendants jointly own their occupied part).

B. The instant building is a form in which the part owned by the Defendants is located at the left edge, and that part owned by the Plaintiff A, B, and C was transferred to the right side, and the portion owned by the Defendants’ ownership is adjacent to the left side of the part owned by the Defendants (the Plaintiff’s portion 1, 4.7 square meters and 4.9 square meters, hereinafter “the instant dispute part”), which the Plaintiff seeks to deliver in the purport of the claim, are attached to the part owned by the Defendants.

[Reasons for Recognition] Facts without a partial dispute, images of Gap evidence 5-1 to 19, the appraiser G's appraisal result, the purport of the whole pleadings

2. Grounds for the claim;

A. The instant building, which was a co-owner of the land at the time of new construction, was divided into several parts of the building that was created and constructed by the Plaintiff A, H, I, J, and K together with the co-owner of the land at the time of the new construction, and thereafter became divided. After that, following a change in the sectional ownership of the remaining co-owner of the co-ownership except the Plaintiff A, it was caused by the

B. The above co-ownership right holders have constructed the instant building in the empty space after constructing the instant building and owned the instant dispute part in the empty space, and used it as a toilet jointly.

C. However, on September 27, 2018, the Defendants purchased part of the instant building indicated in the separate drawing from L, the former owner, and acquired sectional ownership, and independently used the instant dispute.

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