(영문) 서울북부지방법원 2017.10.31 2016가단146709

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(영문) 서울북부지방법원 2017.10.31 2016가단146709

건물등철거

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1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The real estate listed in the attached list, which is an aggregate building (hereinafter “instant real estate”), is a multi-household house with three units on the second and fourth floors, five units, and two units on the fifth floor, and registration of preservation of ownership was completed on March 27, 2013.

B. The Plaintiff is the owner of the three story No. 302, and Defendant B is the owner of the four story No. 401 (35.57 square meters on the aggregate building ledger), Defendant C is the owner of the four story No. 402 (29.59 square meters on the aggregate building ledger), Defendant D is the four story No. 403 (57.79 square meters on the aggregate building ledger), Defendant E and F are the owners of the five story No. 501 (46.11 square meters on the aggregate building ledger), and Defendant G is the owner of the five story No. 502 (47.01 square meters on the aggregate building ledger) (47.01 square meters on the aggregate building ledger).

C. According to the ground plan, area map, etc. submitted at the time of approval for the use of the instant real estate, the entire area of the 2 and 3 floors is identical to 191.2 square meters, while the entire area of the 4th floor is 14.54 square meters, and the entire area of the 5th floor is 113.14 square meters, which reduces the area compared to each of the following floors.

According to the difference in the total size by floor, part (B) of the attached Table 2 among the 4-story of the instant real estate is 1,2,3,4,5,6,6,7,8,9,100 square meters (hereinafter referred to as “part (a) of the instant real estate”) connected in order to each point of 3.5 square meters (hereinafter referred to as “the part (a) of the instant real estate”), 1,2,3,4,5,6,7, and 18.6 square meters (hereinafter referred to as “part (b) of the instant real estate”) connected in order of 1,2,3,4,5,6,7,8,1000 in the attached Table 2, 3,000 square meters (hereinafter referred to as “the instant part”), 18.6 square meters in the attached Table 4, 18.6 square meters in the attached Table 1, 2, 3, 16, 14, 281, 15, 27, 14, 16, 1, 16

유사 판례

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