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(영문) 서울북부지방법원 2016.11.11 2016나32474
건물명도
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. The reasoning of the court's explanation concerning this case is as follows, except for the part of the judgment of the first instance court No. 3, No. 9, and No. 4, No. 9, and No. 11, the part of the judgment of the first instance is identical to the part of the reasoning of the judgment. Thus, the court's explanation as to this case is

2. The part to be mard;

B. Whether registration of a building is effective as a registration publicly announcing the objective and physical status of the building in question is determined depending on whether the location, lot number, type, structure, and size indicated in the registry are consistent with the generally accepted social norms between the building and the actual building (see, e.g., Supreme Court Decision 89Meu3288, Mar. 9, 190). According to each description in the evidence Nos. 1 and 2, as to the second floor of the real estate in this case, the drawings attached at the time of the sectional registration as of September 26, 2006, which are the drawings attached to the time of the sectional registration as of September 26, 2006, the second floor left left door room can be acknowledged as being “201,” and the second floor right door room as “202,” respectively.

However, according to the following circumstances, Gap evidence Nos. 1-2, Gap evidence Nos. 2, 2, 3, and 4, Gap evidence Nos. 5-1 and 5-2, and the fact-finding results to the head of Dongdaemun-gu and the purport of the whole pleadings, namely, ① based on the central stairs of the real estate building of this case, the area of the section for exclusive use on the left-hand side of the second floor is 60.72 square meters, and the area of the section for exclusive use on the right-hand side of the second floor is 52 square meters, and all the sections for exclusive use on the second floor are 2, a kitchen, a kitchen, and a bath room are different in size, and ② The current status of the building on the aggregate building ledger is 202 square meters as the central stairs (area 60.72 square meters), and the right-hand side of the second floor is 202 square meters as the entrance of each real estate of this case (area 520.262 square meters as the left-hand of the second floor).

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