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(영문) 인천지방법원 2017.07.21 2016가단26418
건물명도등
Text

1. The defendant

(a) Of the real estate underground rooms listed in the separate sheet, each point is indicated in the separate sheet No. 1, 2, 3, 4, and 1.

Reasons

1. Basic facts

A. The Seo-gu Incheon Seo-gu apartment complex consists of six five-story apartment complexes completed around October 27, 1990 (hereinafter “instant apartment complex”) and one two-story commercial buildings in attached Table 1 (hereinafter “instant commercial building”).

B. Since June 21, 1994, the Plaintiff owned the instant commercial building. The Defendant is a non-legal entity and organization that was composed of the owners of the instant commercial building to efficiently manage the instant apartment and protect the rights and interests of occupants and promote their welfare.

C. In the vicinity of the instant shopping mall, a water tank in charge of supplying the entire water of the instant apartment and the instant shopping mall is laid, and the underground room of the instant shopping mall has been used as a space for installing a water tank, pumps, etc. for draining the said water tank as shown in the attached drawing from the time of completion of construction.

Therefore, on the first and second floors of the shopping mall of this case, stores are located under the plaintiff's management, while the underground room is locked by the defendant, the entry of the general public including the plaintiff is controlled.

On the other hand, the commercial building of this case is an aggregate building, and in the case of the first and second floors, the register and the building register are organized separately.

However, in the case of underground rooms, there is no separate register or building register, and among them, there is no indication 1, 2, 3, 4, and 1 of the annexed Form No. 1, 2, 3, 4, and 1 of the annexed Form No. 33.21 square meters (hereinafter “instant pumps”).

Only in the public records of the first and second floor are classified as follows: (a) the same shall be the same as the second floor for the title section of the certificate of real estate registration certificate; (b) the 117.6 square meters for the sales facility of the 117.6 square meters, the 2nd floor 117.6 square meters, the 33.21 square meters for the 2nd floor (the 96 square meters for the building on the electric part, the 5th floor, the 16.6 square meters for the building on the electric part, the 16.6 square meters for the underground room, and the 16.605 square meters for each floor, and the 1st floor, the 1st floor reinforced concrete building and the 33.21 square meters for sales facilities.

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