(영문) 서울서부지방법원 2015.09.17 2012가단56446

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(영문) 서울서부지방법원 2015.09.17 2012가단56446

건물명도등

Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The real estate listed in the attached list (hereinafter “instant building”) is part of the building listed in paragraph (1) of the attached list, which is an aggregate building located in the O market located in N in Jung-gu, Seoul, and is registered as a sectionally partitioned building separate from other parts of the building on the aggregate building register, and the P shop is also registered as a sectionally owned part of the building due to the real estate registration injury.

B. P street building was completed on October 30, 1958, and was judged as dangerous buildings and defective buildings as a result of structural safety inspection conducted around May 2002, and was ordered by the Seoul Special Metropolitan City and Jung-gu office to issue an order for reinforcement.

Therefore, the owners of P Building constructed a steel-frame structure of the existing building on around 2005, and the current status of P Building is different from the entry in the register on the fourth-story building on the ground of the 1st to 3th floor.

C. From October 31, 2011, the Plaintiffs acquired the shares of the instant building through a voluntary auction, etc. At the time of the closing of the instant argument, Plaintiff A owns each of the shares of 608835/659894, Plaintiff B, the 1217670/65944, Plaintiff C, the 608835/6598944, Plaintiff C, and Plaintiff D owns each of the shares of 168704/659894.

E. Defendant F, on June 8, 2007, leased and sold 105, 106, 106, and 140,000 of the instant building from the developer Q from the developer’s representative to KRW 140,00,00. From around that time, Defendant F occupied and used the said 105, and 106. The remainder of the Defendants except Defendant F, prior to the acquisition of the instant building shares by the Plaintiffs, the P consists of co-owners of the building, and the P consists of co-owners of the building, and occupied and used the pertinent store by leasing and selling each of the stores described in the purport of the claim from the OF Prop-dong Props Association (hereinafter “instant props Association”).

[Ground of recognition] Unsatisfy, Gap evidence 1, Eul evidence 1 to 3, and appraiser R.

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