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(영문) 의정부지방법원 2016.10.19 2014가단51640
텐트 및 파라솔 철거 및 토지인도 등
Text

1. The Defendants are to the Plaintiff:

A. Of the area of 2,209 square meters in Nam-si, Namyang-si, each point is indicated in the attached Form 2, 3, 8, 7, and 2.

Reasons

1. Determination as to the cause of claim

A. In fact, the Plaintiff is a management body under Article 23(1) of the Act on the Ownership and Management of Aggregate Buildings, which is an organization with the purpose of carrying out a project on the management of the instant aggregate building, its site, and its appurtenant facilities, all sectional owners of A (hereinafter “instant aggregate building”) on the ground in South-gu, Namyang-si.

From May 26, 2014 to the date of the closing of argument in this case, the Defendants, in turn, install content, soft, etc. on the part 23 square meters of “1” portion in the attached Form No. 2, 3, 8, 7, and 2, which connected each point, among the sites of the instant aggregate building, are selling them to the visitors who enter the commercial building after loading and display of fruits at the same place.

The level of rent for the portion of possession of this case shall be as specified in the attached Table.

[Reasons for Recognition] Fact that there is no dispute, the result of the commission of surveying and appraisal to the Korea Land Information Corporation by this court, the result of appraisal of rent by appraiser E, the purport of the whole pleadings

B. The manager, who is the representative of the judgment management body, has the authority and duty to do judicial or extra-judicial acts on behalf of the management body in relation to the preservation, management and change of common areas and the implementation of the management body's business.

(2) Article 25(1) of the Act on the Ownership and Management of Aggregate Buildings provides that the Defendants are obligated to take all corporeal movables within the possession of the instant land and deliver the said land to the Plaintiff, barring any special circumstance. From May 26, 2014 when the possession of the said land was commenced until the date the possession of the said movable property is completed and the transfer of the said land is completed ( insofar as the Defendant contests the existence of the obligation to take possession of the said movable property and transfer the land, it is recognized that the claim in advance is necessary for future unjust enrichment that will arise after the date following the date of closing the argument).

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