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(영문) 서울중앙지방법원 2020.08.19 2020가단1910
건물명도 및 손해배상 청구의 소
Text

1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit, including the part resulting from the supplementary participation, are all the Plaintiff.

Reasons

1. Basic facts

A. The registration of the new construction and classification of D stores 1) E Co., Ltd. (hereinafter referred to as “foreign Co., Ltd.”)

Around April 17, 1971, the building consisting of underground floors, the first to eight floors above ground, the rooftop, etc. on the F land in Jung-gu Seoul, Jung-gu (hereinafter referred to as “D stores”) (hereinafter referred to as “D stores”).

2) The non-party company is divided into 70 stores in the first floor, 110 stores in the second floor, 96 stores in the third floor, 5 through 8 stories in the apartment complex 64. The non-party company is divided into 4,46 square meters in the third floor, 179 square meters in the underground room, 7 square meters in the 179 square meters in the 179 square meters in the 446th floor, 179 square meters in the underground room, and 35 square meters in the 115.7 square meters in the 1971st May 31, 1971.

B. The Plaintiff is currently a co-owner who completed the registration of transfer with respect to the shares in the attached list (hereinafter “in-house underground floors”) indicated as “210.5 square meters in an underground store within 368.50 square meters in Seoul, Jung-gu, Seoul, and an underground room within 368.50 square meters in the office and a store and an underground room within 158 square meters in an underground room,” among the sections listed in the attached list (hereinafter “in-house underground floors”; hereinafter “in-house underground floors”) on November 37, 2013; hereinafter “in-house underground floors”) and on January 13, 2015, the total share in the 15.7/273.7/27/273.77 shares on January 13, 2015.

C. D's name indication and change in rights of underground floor, and the progress of related litigation 1) D's name following D's new construction of D's name, "46 46 - 6 - 1 , 179 - 8 - - 7 - 35 - 2 - - - 35 - - 2 - the register was compiled as one divided building, and the non-party company completed registration of preservation of ownership on December 31, 1978. 2) D's name on December 22, 1978 "4 - 446 - 6 - 1 , 179 - 8 - 7 - - 7 - - 35 - - - 35 - 2 - "14 - - 9 - - 9 - - - - - 14 - 9 - - - - - - - - 3 - - - --- -- -

3. On December 22, 1978, 1/3. of the above classified underground floors G and H respectively.

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