logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원안양지원 2019.11.08 2017가단115826
철거 및 토지인도 등 청구의 소
Text

1. With respect to the plaintiffs, during Ansan-si, E-gu 101m2,03m2:

A. Defendant A shall indicate the attached drawings 1, 10, 2, 3, 4, 5, 6, 7.

Reasons

1. Basic facts

A. During the period of Ansan-si, the Plaintiffs are sectional owners of the second and fourth floors among the land F apartment dong-dong (hereinafter “instant building”). The Defendants are sectional owners of the second and fourth floors among the instant buildings and the first floor.

B. Defendant A’s land indicated in paragraph (1) of the Disposition (hereinafter “instant land”) is subject to the Disposition No. 1-A.

Each building is constructed in the part as described in paragraphs (a), (b), (c), and (k) of this case, and at the same time each building is used in the part as described in paragraphs (c) and (k) of this case. On the other hand, the building in the part of this case among the land in this case is used by G, and the building in the part of (b) of this case among the land in this case is used by H, and the building in the part of (k) of this case was used by I.

C. Defendant B’s land of this case is ordered as per Disposition No. 1-B

The (i) and (j) parts of the instant land are constructed, and the (i) parts of the instant land are either J or K, and the (j) parts of the instant land were each used by L.

Defendant C is entitled to Section 1-C of the instant land.

Each building shall be constructed in (f), (g), and (h), and each building shall be used.

E. Defendant D is entitled to the disposition of this case among the land in this case.

Each building shall be constructed in the part of paragraphs (d) and (e), and each building shall be used.

[Ground of recognition] A without dispute, entry of evidence No. 31, result of survey and appraisal by appraiser M, purport of the whole pleadings

2. Determination on the removal of structures and the claim for the delivery of land

(a) In cases where the persons holding a sectional ownership of an aggregate building under the Act on the Ownership and Management of Aggregate Buildings share the site of an aggregate building, each sectional owner shall be prohibited from exclusively occupying and using the site unless there exist special circumstances, such as the existence of separate regulations;

Therefore, the owner of an aggregate building has an exclusive possession of part of the site of an aggregate building.

arrow