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(영문) 서울중앙지방법원 2019.04.24 2017가단5180658
건물등철거
Text

1. Of the real estate listed in the separate sheet Nos. 1, the Defendant shall each point of Attached Form Nos. 2, 2, 3, 4, and 1 in sequence.

Reasons

1. Facts of background;

A. An apartment complex consisting of C Apartments and D shopping districts (hereinafter “instant shopping districts”) which are an aggregate building, is created in the attached Table 1 list and seven lots (hereinafter “instant site”).

The sectional owners of the C Apartment and the instant commercial building share the instant site as the object of site ownership.

The Plaintiff owns four heading rooms, such as E, among the instant commercial buildings, and the Defendant owns 13 heading rooms, such as F, a building listed in the attached Table 3 list among the instant commercial buildings (hereinafter “instant store”).

B. The instant shopping mall is abutting on the main entrance road (which is divided into a roadway and a sidewalk) connected to the inside of the said apartment complex.

The outer wall (hereinafter “the outer wall of this case”) that connects each point of the separate sheet Nos. 1, 2, 3, 4, and 1, which are linked to the main entrance route among the stores of this case, was installed in the section of the ship connecting the points of the separate map Nos. 15, 16, 17, 18, 19, 20, 21, 22, 22, and 15 among the parts of the attached drawing Nos. 5 (hereinafter “the part of the ship”) with urban gas pipes, and in the part of the ship which connects each point of the same map Nos. 23, 24, 25, 26, and 23 in sequence with the same map No. 23, 23, 24, 26, and 23.

However, around March 2010, the Defendant removed the instant outer wall and installed a large-scale reinforced glass window and reinforced glass door at the same time. In the process, the Defendant removed gas pipes and the part of the e-mail at the e-mail, and installed a steel stuff in the attached Form 5, 6, 7, 8, 9, 10, and 5 of the instant outer wall, with urban gas pipes installed urban gas pipes installed in the part of the local unit (hereinafter “e-mail part”) connected with each point in sequence 5, 6, 7, 8, 9, 10, and 5 of the instant outer wall.

As a result, some of urban gas pipelines and steel stuffs are located on the ground.

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