(영문) 부산지방법원 2020.01.10 2019나42549

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(영문) 부산지방법원 2020.01.10 2019나42549

시설물 철거 등 청구의 소

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1. The judgment of the first instance, including the Plaintiff’s claim extended by this court, shall be modified as follows.

2...

Reasons

1. Basic facts

A. The Plaintiffs are co-owners of a partitioned building located on the land and a section located on the 465 square meters in Busan Young-do, Busan (hereinafter “instant site”) (hereinafter “instant building”).

B. Defendant J is the owner of the instant building MMR, and the Defendants resided in the said heading room, and each point of which is indicated in the attached Form 7, 8, 9, 10, 11, 12, 13, and 7, among the instant land, are installed on the entrance, window, etc. on the part of 21 square meters in the connected ship (hereinafter “the part indicating drawing”) and used by the Defendants while occupying it.

[Reasons for Recognition] Facts without dispute, entry or video of Gap evidence 1, 2, and 4 (including each number in the case of additional numbers), the result of each appraisal commission to the Busan Vice Governor of the Korea Land Information Corporation in Busan, the purport of the whole pleadings

2. The plaintiffs asserted that the part indicated in the drawing is the section for common use and seek delivery thereof against the defendants. Accordingly, the defendants asserted that the part indicated in the drawing is "Nomb" with the consent of the occupants and it is not the section for common use that can only be used by the defendants, with the consent of the occupants.

3. Determination

A. Determination of whether the drawing indication part is a common part or a common part is a common part or a common part shall be made at the time when the entire building is completed and as a sectional ownership is registered in the building ledger of the building in question. It shall not affect whether the building is a common part or a common part. Whether a certain part of an aggregate building is provided for all or a part of a sectional owner or a common part or not shall be made by the objective use according to the structure of the building, unless otherwise agreed by the owner.

Supreme Court Decision 2004Da30279 Delivered on June 24, 2005

유사 판례

-부산지방법원 2020.01.10 2019나42549

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