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(영문) 대전지방법원천안지원 2014.12.09 2012가단24671
시설물철거
Text

1. The defendant, among the 42,032,032.8m2, 41, 42, 43, 44, 45, and 46-3 of the annexed drawing among the 41, 42, 43, 44, 45, and 46m2.

Reasons

1. Basic facts

A. The plaintiffs are co-owners of the 201 to 209 apartment units located in the N in Seoan-gu, Seoan-gu, Seoan-gu. The defendant is a co-owner of the 10-209 apartment units of the instant apartment units (hereinafter "the instant apartment unit"). The defendant is a company that operates a bath at that place as a co-owner of the 10-dong unit of the instant apartment unit (hereinafter "the instant bath unit").

B. The instant commercial building is constructed with the first floor and the second floor above the ground, and the first floor above the ground is used as a bath and soup room, an electric power plant room, and an underground parking lot, etc. The second floor above the ground is used for the first floor above the ground level, and there is a parking lot in the line, which connects each point of the attached Form 2 to the front of the first floor above the ground level store (hereinafter “instant dispute part”).

C. In order to attract underground floors in the dispute part of the instant case, there is a panel assembly structure and an installation of an indoor ventilation hole with the indication of (B) size of 39.9 square meters in the line that connects each point of 35, 36, 37, 38, and 35 square meters in order of each point of 12 square meters in the (D) section of the line that connects each point of 26, 27, 28, 29, and 26.

(hereinafter referred to as the “instant transshipment facilities” by combining the above structures and the inner winding facilities.

In addition, among the dispute parts of this case, the vehicle boundary stone for parking management in the above part of the line connecting each point of the attached Table 1 drawings No. 41, 42, 43, 44, 45, and 46 are installed, respectively, on the part above the line connecting each point of the said drawing No. 49,50.

(hereinafter the above boundary stone, steel pipe pole, steel advertising electric display board combined with the above boundary stone, etc. . . . . . . . . . . . . . . .. . . 1 (including paper numbers), Eul evidence 1, the result of on-site verification conducted by the court, and the Dowon Integrated Survey Team.

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