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(영문) 서울북부지방법원 2019.11.19 2018나37718
손해배상 등
Text

1.The judgment of the first instance, including the claim of the Plaintiff (Appointed Party) expanded by this Court, is as follows:

Reasons

1. The following facts do not conflict between the parties, or are acknowledged as whole in light of Gap evidence 1, 2, Eul evidence 3-1 through 3, evidence 4, 5, 7, 8, evidence 10-1, 2, evidence 12-1 through 3, Gap evidence 14, 25, Gap evidence 27 through 34, Gap evidence 36 through 38, Gap evidence 42 through 45, Eul evidence 64, Eul evidence 1, Eul evidence 3-1 through 3-5, Eul evidence 4, 6, Eul evidence 8-1 through 3, Eul evidence 8-1, 10-1, 2, Eul evidence 11-1, 2, 13 through 15-1, Eul evidence 15.

Attached Form

A building entered in the list (hereinafter referred to as “instant B”) was constructed in around 1980 and was divided into each unit from underground floors to the third floor, and the fourth and fifth floors were registered in the collective building ledger and each registration of preservation of ownership was completed. Since a fire occurred in around 1995, the construction of repair works was conducted after the removal of a partition wall or partition facility in the underground floor, the first and second floors were removed and thus the independence in structural structure and use was lost.

B. A meeting of the owners of the second floor and the second floor (hereinafter “Defendant’s meeting”) is a non-corporate association established by taking as its members each of the units of the second floor and each of the units of the second floor of this case, among the owners who divided ownership of the units of the second floor of this case, in order to perform all of the affairs related to the maintenance, repair, management, lease, etc. of the second floor around June 2003.

C. The plaintiffs are married, and L and M are children of the plaintiffs.

The plaintiffs acquired the ownership of 18 units of the second floor, including N,O, P, Q, R, T, T, U, V, W, X, Y, Zho, AB, AB, AC, AD, AD, and AE, and only N units have completed the registration of ownership transfer in the name of the plaintiff.

1. On January 20, 2004, the Plaintiff completed the registration of transfer of ownership with respect to the second floor N, and thereafter the registration of transfer of ownership in the name of AG on March 9, 2009.

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