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1. Of the 90324.9 square meters in Seo-gu, Gwangju, Gwangju, the Defendant indicated in the attached drawings 1,2, 3, 43, 5, 6, 7, 7, and 7.
Reasons
1. Determination on the cause of the claim
A. 1) The Plaintiffs are Seo-gu, Seo-gu, Gwangju (hereinafter “instant apartment site”). The Plaintiffs are the same as the instant apartment site.
(2) As the sectional owners of I apartment constructed on the ground, each of the instant apartment lots holds the right to the site of the instant apartment lots in proportion to the site ownership ratio of 41.7031/90, respectively. 2) The Defendant is the owner of a kindergarten building constructed on the ground of the instant apartment site, and the right to the site of the instant apartment lots in proportion to the site ownership ratio of 252.1464/90.
3) The Defendant is a steel fence (hereinafter “the steel fence of this case”) on the part of the attached drawing 1, 2, 3, 4, 5, 6, 7, and 8, which are the section for common use of the site of the instant apartment.
A) The steel fence has been established and the parts inside the steel fence have been used as the sports site of the kindergarten. [The fact that there is no dispute over the grounds for recognition, each entry in Gap evidence 1 through 5, and the purport of the whole pleadings.]
(b) Where a person holding a sectional ownership of an aggregate building under the Act on the Ownership and Management of Aggregate Buildings shares a 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, a sectional owner of an aggregate building can seek delivery of a part of a site as a preservation act against another sectional owner who has exclusive possession of a part of a site of an aggregate building.
(see, e.g., Supreme Court Decision 2012Da112169, Jun. 27, 2013). According to the aforementioned facts, the Defendant, who installed a steel fence and used the part of the land exclusively with a steel fence installed in the part connected in order of each point of - such as (i), (ii), (c), (iv), (v), (v), (vi), (vii), and (g), and (i) - [Attachment] description 1, (iii), (iv), (v), (v) and (v) of the relevant drawings, bears the duty to remove the steel fence to the Plaintiffs
2. The defendant's assertion.