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(영문) 수원지방법원안산지원 2019.01.09 2017가단64869
건물등철거
Text

1. Defendant C:

(a) Attached 16, 17, 4, 5, 22, 21, 20, 12, among the real estate listed in the Attached List;

Reasons

1. Basic facts

A. Plaintiff A and Plaintiff B are sectional owners of the first floor F among the instant buildings, and Defendant C is a sectional owner of the first floor G, H, I, and J from among the instant buildings, and at the same time, Defendant C is a person who operates a laundry house from the first floor G to K from among the instant buildings, and Defendant D is operating a golf practice range on leasing the underground floor L or M from among the instant buildings.

B. Defendant C used the part of the ship connected with each point of Appendix 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, and 1 in sequence, as a laundry, and installed boilers, coolings, and compact presses in the attached Table 1(b) and (c) in the attached Table 1(b), respectively, and installed a wall exceeding 1.3m high in the attached Table 1(b) and (c).

C. Defendant D, by installing a door door, etc. in the part of attached Form 2 on the part of attached Form 2 on the inside of the attached Form 2, uses the part on board which connects each point of 23, 24, 25, 26, 27, 28, 29, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 40, and 23 in sequence, and installed a wall in excess of 27-28, 28-29, 30-31, 31-32, 32-48, 48-36, 36-37, 37-50, 50-49, 49-40, 47-1, 51-13 meters in height.

[Ground of recognition] 1 and 2 evidence Nos. 1 and 2 (including paper numbers), the result of the appraisal commission to N by this court, and the fact inquiry result, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiffs' assertion that Defendant C installed and used the boiler, cooling machine, and compact presses in the annexed Form 1 drawings (A), (e), and (c) of the annexed Form 1, which correspond to common areas, respectively, and installed walls up to YY in the annexed Form 5-6, 6-7, 7-8, 8-9, 9-10, and 7-18 with a height exceeding 1.3 meters, which is the standard under the Commercial Building Management Regulations.

Defendant D has installed and used the obstacles, such as the door, etc. in the part of the attached Form 2 inside the section for common use, and is in possession and use, and attached Form 2.

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