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(영문) 서울중앙지방법원 2014.03.28 2013가단286416
건물명도
Text

1. The defendant,

A. Of the real estate listed in the attached Form 1, the Plaintiff each point of the attached Form 1, 2, 3, 4, and 1.

Reasons

1. Of the E buildings located in Seongbuk-gu Seoul Metropolitan Government D (seven floors of steel reinforced concrete structure neighborhood living facilities) building (hereinafter “instant building”), the fourth floor of 754.40 square meters was originally owned by a single unit, and the entire building was divided into several sections for exclusive use on November 2010 and sold to the general public.

Of the design for the above division, the public announcement of sale in lots, and the part partitioned for divided ownership among the 4th 754.40 square meters on the aggregate building register, the portion partitioned for divided ownership is marked as indicated in the attached drawing No. 401 to 440. The remainder is the section for common use of the 4th story, such as toilets and internal corridor. However, the part of the attached drawing No. 400 to 9.2 square meters on the part of the public toilet was installed, and the part of the same drawing No. 441 to 13.8 square meters on the part of the internal corridor.

From September 1, 201, the Defendant occupied the above 400 and 441 to the date and used them by means of lease to a third party. The Defendant, as a sectional owner of the fourth 406th 406th floor of the instant building, is obliged to order 400 and 441 to the Plaintiff, who exercises the right to exclude and deliver disturbance, as a preservation act with respect to the common areas owned by all sectional owners of the fourth 4th 400 and 441.

The Defendant, based on the evidence Nos. 1 and 2, received 400 and 441 from F or G in return for free sale brokerage and payment of management expenses for the period of sale in lots, which were established on the fourth floor of the instant building. However, in light of the above facts, with respect to the above 401 and 441, it cannot be deemed that the first 401 and 441 were independent of the object of sectional ownership at the time of division, that is, the section of exclusive ownership. ② Co-owner’s right to share in the section for common use is subject to the disposition of his exclusive ownership. As long as F transfers the ownership of 401 to a third party with the ownership of 400 and 441, the above 400 and 441.

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