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(영문) 서울동부지방법원 2018.06.08 2017가단123028
시설물철거 등 이행청구의 소
Text

1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims filed by the Defendant (Counterclaim Plaintiff) are dismissed.

2...

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. The Plaintiff is a sectional owner who completed the registration of ownership transfer on December 11, 2006 with respect to subparagraph C among the five-story collective housing (multi-household housing; hereinafter “multi-household housing”) listed in the attached list, and the Defendant is a sectional owner who completed the registration of ownership transfer on July 14, 2004 with respect to subparagraph D among the instant multi-unit housing.

B. The first floor of the instant apartment is a parking space, and the second, third, and fourth floors are two households, with a total of six households (E, F, G, H, I, and Defendant-owned D), and the fifth floor are divided by one household owned by the Plaintiff, respectively.

The area of the fourth floor on the aggregate building register of the instant multi-family housing is indicated as 11.03 square meters in total for two households, and the area of the fifth floor is 67.75 square meters in total for one household, and only one household household exists on the fifth floor without Jho-ho, and the part of the building with 1Ra and 2Ra is attached in the form of “A”.

C. The part (A) connected in sequence 1, 2, 3, 4, and 1 of the annexed drawing Nos. 1 (hereinafter “the roof part of this case”) constitutes the roof part of the rooftop No. 4, and structurally adjacent to the floor of the left-hand side of No. 3.

At the time of approval for the use of the instant apartment building, the current status of the instant rooftop was indicated as a liquid flooding site for the instant rooftop, and the door leading to the instant rooftop was not indicated in the drawing. However, at the time of the Plaintiff’s acquisition of ownership under subparagraph C, the door leading to the instant rooftop part (hereinafter “instant entrance”) was installed in the sequence of Attached 2, 7, 8, 9, and 6, and the door leading to the instant rooftop part (hereinafter “instant entrance”) was installed in the series of pages 6, 7, 8, 9, and 6. At the edge of the instant rooftop part, there was a steel rail at a height of about 1m.

Plaintiff

In addition, the lessee of No. C has access to the rooftop of the instant case through the entrance of the instant case and has loaded fire parts and various articles in the relevant place.

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