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(영문) 서울중앙지방법원 2015.08.27 2014가단113027
가건물철거
Text

1. The defendant shall indicate the detailed drawings of the attached Form No. 1, 2, 3, 19, 18.

Reasons

1. Facts of recognition;

A. The real estate listed in the attached list (hereinafter “instant building”) is an aggregate building, and the Plaintiffs are sectional owners of the instant building.

B. The first floor of the instant building is 393.76 square meters, and its retail store is 155.85 square meters, 10.95 square meters in a water-level room, parking lot is 127.72 square meters, elevators, toilets are 14.85 square meters, holes 24.6 square meters, corridor, and stairs room. The section for exclusive use is 15.85 square meters in reinforced concrete structure (retail stores).

다. 별지 감정현황(건물1층) 상세도 도면 표시 1, 2, 3, 19, 18, 1의 각 점을 차례로 연결한 선내 ㉮부분 15㎡ 지상에 있는 가건물(이하 ‘이 사건 가건물’이라고 한다)은 샷시유리로 구성되어 있고, 이 사건 건물 준공 전 제1회 설계변경 시 제출된 평면도와 달리 전유부분이 아닌 공용부분 위에 있다. 라.

On January 19, 2007, the Defendant was awarded a successful bid on the first floor of the instant building in a voluntary auction procedure, and acquired the remaining 1/2 shares on September 24, 2009, and owned the first floor of the instant building, and occupied and used the instant building.

[Based on Recognition] Evidence A, Evidence A, Evidence A, 22 (including paper numbers), Results of appraiser T’s appraisal, purport of the whole pleadings

2. Determination:

A. According to the above facts, the building of this case does not fall under the section of exclusive ownership of which the defendant has sectional ownership, and is on the ground of common areas of sectional owners including the plaintiffs and the defendant, barring any special circumstance, the defendant cannot independently use or profit from the common areas of the building of this case, and the part of the building of this case occupied by the building of this case by removing the building of this case is obliged to deliver to the plaintiff as co-owners.

B. As to this, the Defendant had an agreement among the sectional owners of the first floor of the instant building on the possession and use of the instant provisional building. From around 2003, the Defendant had existed.

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