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(영문) 서울남부지방법원 2018.07.19 2016나7369
철거 등
Text

1.The judgment of the first instance shall be modified as follows:

The plaintiffs, (1) Defendant (Appointed Party G and Appointed Party H are the plaintiffs.

Reasons

1. Facts of recognition;

A. The Plaintiffs are co-owners of J-ju and a commercial apartment as stated in paragraph (1) of the disposition of an aggregate building (hereinafter “instant building”).

B. Defendant G is the owner of 36, 43 of the first floor of the instant building, and the Appointed H is the owner of the instant building 44, and each of the above units are used as a coffee shop.

Of the 1st floor of the instant building, the part 30.4 square meters on the “A” portion connected in order to each point of the attached drawing Nos. 21, 22, 23, 24, and 21 (hereinafter “Attachment Nos. 1A”) falls under the section for common use of the instant building as a landscape facility, and the above Defendant G and the Selection installed facilities on the ground of the said land such as a wooden floor, steel rail, tabler, and chair for coffee shop.

C. Defendant G leased Defendant I, as the owner of the third floor underground of the instant building, the third floor underground as a bowling site.

Of the three underground floors of the instant building, the part of the “A” part of the attached drawing No. 21, 22, 23, 24, and 21, connected in order to each point of the attached drawing No. 21, 22, 23, 24, and 21 (hereinafter “Attachment No. 2A”), and the part of the instant building, which connects each point of the attached drawing No. 25, 26, 27, 28, 31, 32, 33, 34, and 25 among the three underground floors of the instant building, are installed on the ground of each of the “A” part of the attached drawing No. 25, 26, 28, 29, 30, 31, and 28 on the ground of the instant building (hereinafter “Attachment No. 2(b).

[Reasons for Recognition: Each statement or image of Gap evidence 1 through 13 (including paper numbers), the result of the on-site inspection by the court of the first instance, the result of the survey and appraisal by K of the first instance appraiser, the purport of the whole pleadings]

2. Determination as to the cause of action

A. According to the above facts of recognition, the defendants and the designated parties H are each part of the land indicated in Section 1-A of the Disposition.

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