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(영문) 서울동부지방법원 2016.06.30 2015가단9838
건물명도 등
Text

1. The defendant shall be the plaintiff.

A. The attached drawing No. 1, 2, 3, 4, 5. of the first floor of Songpa-gu Seoul Metropolitan Government B apartment No. 2201.

Reasons

1. On December 9, 2013, the Plaintiff acquired sectional ownership of 2211, Dong 601, Dong 601, Songpa-gu apartment complex B, Songpa-gu, Seoul. Of the first floor of the apartment complex No. 2201, the part (A) on the ship connecting each point of the said apartment complex No. 1, 2, 3, 4, 5, 6, 7, 8, and 13 square meters (hereinafter “instant common area”) was the common area designated as a small library of the said apartment complex, and the Defendant installed and uses the “Cdong civil petition division” in the instant common area from December 9, 2013 to December 9, 2013, there is no dispute between the parties.

In addition, comprehensively taking account of the written evidence Nos. 1, 2, and 26 and the purport of the entire pleadings as a result of the commission of appraisal to appraiser D by this court, the area of the exclusive ownership of the entire apartment complex of this case is 62,660.93 square meters, and the area of the Plaintiff’s exclusive ownership is 51.77 square meters; the instant common area is 16,916,000 won for annual rent from July 1, 2015 to June 30, 2016; and the monthly rent is 1,409,000 won, and the fact that the annual rent is 1,409,000 won, and the previous or subsequent annual rent or monthly rent is presumed to be identical thereto.

On the other hand, each co-owner's share in the section for common use shall be in accordance with his/her ratio of the area of his/her section for common use, and unless otherwise specified by the regulations, the management costs of the section for common use and other duties shall be borne, and

(Article 12(1) and Article 17 of the Aggregate Buildings Act, and the section for common use belongs to the co-ownership of all sectional owners, and the matters concerning the management of the section for common use shall be determined by a resolution of an ordinary assembly except in the case of a change in the section for common use, and

Act on the Ownership and Management of Aggregate Buildings (hereinafter referred to as the " Aggregate Buildings Act")

(1) Article 10(1) main sentence and Article 16(1) of the Act. The purport of the said provision is to preserve the current state of common areas of an aggregate building.

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