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(영문) 제주지방법원 2017.09.07 2017가합10813
공유부분 명도 청구의 소
Text

1. The defendant, among the real estate listed in the separate sheet, each of the marks 1, 2, 3, 4, 5, 6, 7, 8, and 1 of the separate sheet.

Reasons

1. Determination as to the cause of claim

A. According to the plaintiffs' co-ownership evidence Nos. 1-1-9 (excluding evidence No. 1-3) and evidence No. 4, it is recognized that the plaintiffs are co-owner of the guest room of the hotel of this case.

In addition, according to the entry of Gap evidence No. 2, it is recognized that the sum of the whole parts of the hotel of this case among the whole parts of this case is 7,559.07 square meters in total.

The common areas of an aggregate building shall belong to the co-ownership of all sectional owners (Article 10(1) of the Act on the Ownership and Management of Aggregate Buildings), and each co-owner's share shall be in accordance with the ratio of the area of his/her exclusive ownership (Article 12(1) of the same Act). approximately A A A A A728-76-26-22223 26.76-26- 26.76, approximately 0.0035 3 C. 33331- 0.00037 0.054 D. 524- 26.037 0.05 E. 630, 035 E. 630, 27.037 0. 0. 0. 634, 037. 0. 16. 209 of G. 27. 497. 2057. 1967. 201

B. According to the evidence No. 3-1 to No. 7 of the defendant's possession Gap, the defendant's possession of common areas among the hotel of this case is recognized as follows.

1) Part 211.62 square meters inboard (hereinafter “A”) which connects each point in sequence of No. 1, 2, 3, 4, 5, 6, 7, 8, and 1 of the annexed drawing No. 1 of the attached drawing.

(2) On the ground of the instant hotel, the Defendant is using the area A as an office, a seminar, etc., and the Defendant is using the area A as an office, a seminar, etc. (2) The portion of 18.75 square meters inboard connected each point of the attached drawing Nos. 1, 2, 3, 4, and 1 (hereinafter “B area”) is the first floor above the instant hotel, and the Defendant is using the area B as a hotel, a set, etc.

3) Part 59.72 square meters inboard connecting each point of 1, 2, 3, 4, 5, 6, 7, 8, and 9, 10, 11, 12, 13, and 9 of the attached drawing Nos. 3 in sequence, and part 146.56 square meters inboard connected each point of 1,2, 3, 4, 5, 6, 7, 8, and 1 of the attached drawing No. 3

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