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(영문) 부산지방법원 2013.11.07 2012가단43191
건물명도등
Text

1. The Plaintiff:

(a) Defendant two Pung Development Co., Ltd. shall (1) be between the first floor below the underground floor of the building listed in the separate sheet, and (a) be attached.

Reasons

1. Facts of recognition;

A. Two multi-unit houses (the total floor area is 3,685.2 square meters, 3,092.56 square meters), commercial buildings (the total floor area is 571.23 square meters), and buildings listed in the attached Table (hereinafter “instant buildings”) are each constructed on the ground of 4,806 square meters in Busan Northern-gu, Busan-gu.

Of the instant building, the use of the underground third floor is a machine room (542.6 square meters), a resident sports facility (232.78 square meters), and a pumping room (9 square meters). The use of the underground second floor among the instant building is a resident sports facility (3,617 square meters), a purchasing facility (83.45 square meters), and a living facility (32.05 square meters). The use of the underground first floor among the instant building is a parking lot (1,660.37 square meters), a resident sports facility (1,414.15 square meters), a purchasing facility (287.4 square meters), and a living facility (180.06 square meters).

B. The Plaintiff is a sectional owner of 204 to 206 of the second underground floor among the instant building, and Defendant Two Pung Development Co., Ltd. (hereinafter “Defendant Two Pung Development”) is a sectional owner of 101 to 104 of the first underground floor and 201 to 203 of the underground second underground floor among the instant building.

F The two other co-owners, among the instant buildings, of heading 105 to 106, are co-owners of the first floor.

C. The Defendants’ exclusive possession and use (1) Defendant two-way development exclusively occupies the common areas as follows:

(A) Of the underground floors of the instant building, the part 37.3 square meters in the section 37.3 square meters in order to connect each point of the attached drawing marks 23, 24, 20, 25, and 23 among the 1st floor of the instant building (hereinafter “the part”) and the part 19.3 square meters in the section 19.3 square meters in the section that connects each point of the attached drawing marks 26, 27, 28, 29, and 26 are used as the indoor driving range.

Attached Form

Part 18 square meters (hereinafter referred to as "victimd portion") which connects each point of 18,19,29,28, 17, and 18 in sequence, are used as an office, and is attached Table 1 Map 30,31, 32, 33, 34, 34, 36, 8, 9, 10, 11, 12, 13, 14, 15, 16, 16, and 30.

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