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(영문) 서울고등법원 2017.11.16 2016나2085621
공작물철거 등
Text

1. Of the judgment of the court of first instance, the part against Defendant K in the judgment of the court of first instance is revoked and the plaintiffs corresponding to the revoked part are revoked.

Reasons

1. Basic facts

A. 1) Construction of the instant building is a main complex building with the size of 3rd underground and 19th ground. All of 474 rooms are composed of 474 rooms. The first underground floor is used as sales facilities, sales facilities and neighborhood living facilities (general bath), and business facilities (officetel) for the third to 19th floor. 2) The instant building was constructed as L, and it was inspected around November 28, 198. L among the instant building, 186 units were sold in general, and 288 units, including the first underground floor, were owned by 188 units, and did not constitute a separate management body.

B. L (1) On November 30, 2008, upon the filing of the instant lawsuit by M, N,O, P, and I, the wife of the property, engaged in the litigation and conciliation procedures. However, prior to the closing of argument in this court, Q jointly succeeded to the property that other sectional owners would not cause damage to the good faith. In the case of division of inherited property among the co-inheritors (Seoul High Court Decision 2013BB64, 65), “I out of the 288 co-inheritors’s co-inheritors’s co-inheritors’s co-inheritors’s co-inheritors’s co-inheritors’s co-inheritors’s co-inheritors’s co-inheritors’s co-ownership of 11/13 shares among the co-ownership rights of 143 co-ownership, and M,O, P, P, 11/13 shares of the co-ownership of the above 145 co-ownership, and Q13 of the instant co-ownership’s co-ownership of the above 2813 co-ownership shares of the above.”

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