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(영문) 대전지방법원 2017.08.17 2016가합2035
건물명도
Text

1. The Defendants are to the Plaintiff:

A. The keys to the entrance of the 13th rooftop machinery room located in Seo-gu Daejeon Metropolitan City.

Reasons

In fact, the Plaintiff is a management body comprised of sectional owners of the Seo-gu Daejeon District Office Atel (hereinafter “instant building”).

Defendant B owns the entire portion of the 12th floor of the instant building (E-ho and F), and Defendant C is the spouse of Defendant B.

There are balconys on the 12th floor of the instant building. The Defendants installed the gas boiler and the air-conditioning apparatus in the said balcony, and installed the entrance doors of the said balcony.

There are mechanical rooms on the 13th floor of the instant building, and the said mechanical room is installed with fire equipment facilities and boiler for heating of the 12th floor.

The defendants have the correction devices and the entrance locked in the above mechanical room.

The Defendants installed the air-conditioners in each part of (o), (p), (q), (r), (r), and (s) on the 13th rooftop of the instant building.

(q) Each air-conditioning pipe pipe installed in part (r) (hereinafter “instant 1 pipe”) passes through the public exhauster of the instant building, and the degree of 1/3 of the surface of the said public exhauster is obstructed by the said pipe.

(o) Each air-conditioner pipes installed in parts (p), (p) and (s) (hereinafter “instant pipes”) are passing through parts adjacent to the 12th exclusive air exhauster.

The Plaintiff regularly conducted a fire-fighting inspection on the instant building. At the time of the fire-fighting inspection on March 14, 2014, the Defendants accepted the inspection on the balcony of the 12th floor, but rejected the inspection on the 13th rooftop machinery room by asserting that the Defendants are sections for exclusive use.

On April 14, 2014 and June 9, 2014, at the time of the fire inspection, there was no contact with the Defendants, and there was no inspection on the balcony and the 13th rooftop machinery room of the 12th floor.

[Ground of recognition] Facts without dispute, Gap's statements or images, Gap's statements or images, Gap's 3 to 8, 12, 15, 16, 18, 19, 20 evidence, Eul's evidence of 16 to 23 (including each number; hereinafter the same shall apply), and the result of each on-site inspection by this court;

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