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(영문) 창원지방법원 2017.07.28 2017가단3270
건물명도
Text

1. The defendant shall draw up the annexed drawings among the four-story rooftop buildings of reinforced concrete structure C in Kimhae-si, Kimhae-si.

Reasons

1. Facts of recognition;

A. The Plaintiff is a non-legal entity or organization organized as commercial members for the management, operation, etc. of the 4th floor building (A; hereinafter “instant commercial building”) of reinforced concrete structure in the ground C in Kimhae-si.

B. On February 2, 2006, the Defendant entered into a lease agreement with D and the instant commercial building 301, and thereafter occupied and used the said building as a bath by February 5, 2015.

C. The Defendant, at the time of operating a bath under subparagraph 301 of the instant shopping mall, occupied and used the (A) section of the warehouse 15.54 square meters (hereinafter “instant warehouse”) connected in order to each point of the annexed drawings Nos. 1, 2, 5, 6, 7, 8, and 1 among the common areas on the rooftop.

At present, waste remains in the warehouse of this case.

[Reasons for Recognition] Facts without dispute, entry of Gap's evidence 1 to 5, video, purport of whole pleading

2. The parties' assertion

A. The defendant alleged by the plaintiff neglected waste in the warehouse of this case, and the defendant is obligated to collect waste in the warehouse of this case and deliver the warehouse of this case to the plaintiff.

B. The defendant's assertion that the defendant does not possess the warehouse of this case at present, and the plaintiff's claim is improper since the articles located in the warehouse are not the defendant.

3. The fact that the defendant did not use the warehouse of this case is not a dispute between the parties.

However, according to the above facts, until February 5, 2015, the Defendant occupied and used the instant warehouse, which is the common use area, while operating a bath on the third floor of the instant commercial building until February 5, 2015. In light of the fact that other persons than the Defendant appear to use the instant warehouse, waste in the instant warehouse is presumed to be owned by the Defendant.

Therefore, the defendant is obligated to collect wastes in the warehouse of this case from the plaintiff as the managing body and deliver the warehouse of this case to the plaintiff as the managing body.

4. Conclusion, the plaintiff .

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