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(영문) 서울동부지방법원 2020.06.04 2018가단121814
화단철거등 청구의 소
Text

1. The Plaintiff:

A. The council of occupants’ representatives under Defendant B’s representative is indicated in the attached Form 1 among the area of 1,917 square meters in Gangdong-gu Seoul Metropolitan Government I.

Reasons

1. Basic facts

A. The real estate listed in the attached list (hereinafter “instant building”) is a main complex building consisting of apartment units on the parking lot, the electric room, the second or fourth underground floor, the second or fourth floor above the ground, the sales facility (cost), the fifth or the fourth floor above the ground, and the fourth or fourth floor above the ground, and obtained approval for the use on May 27, 199.

B. The Plaintiff is the sectional owner of Nhoho Lake and Oho Lake (hereinafter “the Plaintiff’s shop in this case”), Defendant C is the sectional owner of Jhohoho Lake, Pho Lake and Qho, Defendant D is the sectional owner of Khoho Lake, Rhoho, Sho, L, and Defendant E is the sectional owner of Thoho and M. The Defendant’s meeting is the non-corporate body established for the purpose of managing the commercial part among the building in this case, consisting of the sectional owners of the commercial part among the building in this case.

C. Defendant F leased from Defendant D the instant building, which is “U” in the name of the said store, among the instant buildings; Defendant G was a restaurant among the instant buildings, with the name of “U”; Defendant G, from Defendant D, and Q from Defendant C, with the name of “V” in the said store; Defendant H leased Tho and M from Defendant E among the instant buildings; and Defendant H operated a restaurant with “W” in the said store.

At the time of completion, the first floor of the instant building was composed of cement walls with a height of about 50 cm from the lower part of the outer wall at the time of completion, and its upper end was composed of glass walls, but thereafter, a entrance leading to the front or rear side of each building was installed on the glass walls of Jho, K, L, M, and the Plaintiff’s store, as described in paragraph (1) of the instant non-scheduled Order.

E. Defendant F is running restaurant business by setting up a street store (hereinafter “instant street store”) on the ground level at the part at which he successively connected each point of Gangdong-gu Seoul Metropolitan Government I’s I’s 1,917 square meters (hereinafter “instant site”). Defendant G is operating restaurant business on the ground level (hereinafter “instant street store”) among the instant site. Defendant G is a drawing Nos. 6, 1, 2, 3, and 4 of the instant site.

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