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(영문) 대전지방법원 2017.06.13 2015가단226769
건물철거 청구
Text

The defendants jointly use the attached Form 30, 31, 32, 33,30 among the first floor of the building stated in the attached Form to the primary plaintiff.

Reasons

1. Facts of recognition;

A. Btels constructed on the land of 1958 square meters in Seo-gu Daejeon, Seo-gu, Daejeon (hereinafter the instant officetel) are seven underground floors and the business facilities of 19 floors above ground and collective residential facilities of 19th and second class neighborhood living facilities.

B. Preliminary Plaintiff is a management body composed of all sectional owners of the instant officetel, and the primary Plaintiff is a sectional owner of the said officetel 106 and 1712 and a manager who is the representative of the said management body.

C. The Jeju Real Estate Trust Co., Ltd. (hereinafter “instant trust company”) which is the trustee and the owner of the instant officetel, is the owner of the instant officetel, shall be subject to the permission of November 5, 1997, and the construction was commenced on March 17, 1998 and was approved for use on December 14, 200.

On February 12, 2001, the instant trust company completed registration of preservation of ownership on each of the instant officetels.

On the other hand, the aggregate building ledger on the instant officetel was newly drafted on February 2, 2001.

The instant trust company has been entrusted with the sales agency business to Defendant D Co., Ltd. (hereinafter “Defendant Co.”), and the Defendant Co., Ltd., which has acquired the quantity of 40% of the unsold quantity, completed the registration of ownership transfer based on each trade in the name of the Defendant Co., Ltd., and in the case of some partitioned buildings, the Defendant Co., Ltd., and in the future

E. The instant officetel has a parking lot facility from 2 to 7 underground and has access to an underground parking lot on the right side of the building. The Defendant Company constructed and used 73.1 square meters of the office of light-scale steel structure, a building without permission, registered in the “A” portion of the “A” portion connected in order to each point of the above space, namely, the first floor of the building indicated in the attached Form, 30, 31, 32, 33, and 30, along with the access to the underground parking lot. On October 12, 2009, the Defendant Company transferred it to the Defendant C.

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