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(영문) 서울북부지방법원 2014.11.19 2014가단108666
건물인도 등 청구의 소
Text

1. The Defendants remove the facilities installed in each real estate listed in the separate sheet to the Plaintiffs, and each of the above.

Reasons

1. The following facts do not conflict between the parties, or can be acknowledged in full view of the whole purport of the pleadings in Gap evidence Nos. 1, 2, 6, 8, 9, and Eul evidence Nos. 1 and 2:

X building (hereinafter referred to as the “instant building”) is a major complex building consisting of Dong pipes constructed in Dongdaemun-gu Seoul Metropolitan Government Y (750 housing units, 60 apartment units) and librarys constructed on the Z ground (including 648 apartment units and 28 apartment units).

B. The Plaintiffs are registered as the sectional owners of each shop indicated in the separate sheet No. 1 and the separate sheet No. 2 (hereinafter “instant separate shop”) among the fourth floor of the instant building.

C. The Defendants are currently performing construction of facilities in order to operate dance halls on the fourth floor of the building of this case, including the instant sectioned stores.

2. According to the facts of the judgment as to the causes of the plaintiffs' claim, the plaintiffs registered as the sectional owners of each of the divided stores of this case are presumed to be the sectional owners of each of the divided stores of this case, and as the defendants possessed the sectioned stores of this case and carried out the construction of the facilities, they infringed on the plaintiffs' ownership of the divided stores of this case. Thus, the defendants are obligated to remove the facilities installed in the divided stores of this case to the plaintiffs and deliver the above divided stores, unless they prove that they have the right to possess and use the sectioned stores of this case.

3. Judgment on the defendants' assertion

A. As to the summary of the assertion, the Defendants are entitled to the sectional ownership under the Act on the Ownership and Management of Aggregate Buildings (hereinafter “Aggregate Buildings Act”), since the instant sectional ownership is divided into a certain line on the ground plan and the number of houses is granted, and separate boundary walls are installed between each store, or building number signs are not installed, and structural independence is not recognized.

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