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(영문) 서울북부지방법원 2020.02.12 2019나41
주차장 퇴거 및 철거
Text

1. The plaintiff (appointed party)'s appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Appointed Party).

Reasons

1. Basic facts

A. The Plaintiff and the designated parties (hereinafter referred to as “Plaintiffs”) are the sectional owners of the buildings listed in the separate sheet (hereinafter referred to as “instant commercial buildings”) and the co-ownership of the instant land, which falls under the site of the instant commercial buildings.

B. The structure and use status 1) of the instant commercial building was newly constructed around 1980 on the ground level 1st and 5th above ground level. 2) Of the instant commercial building, the underground floor and 1st, 2nd and 3th among the instant commercial buildings were classified by house room (in the case of 3rd floor, by dividing it into Gap, H, I, J through K-8 stores), and the 4th and 5th floors were classified by floor and registered in the collective building register, and each registration of ownership transfer was completed after the completion of each registration of ownership preservation, but the ownership registration was not entered in the register, but the ownership registration was not completed only when the co-ownership registration of the owners of the instant commercial building was completed in the name of the owner of the instant commercial building.

3) Meanwhile, around 195, the salesroom occupants engaged in repair works, including replacement of electric wires due to fire, etc. caused by excessive use of electric power, and the basement floor and the 1st and the 2nd floor among the instant commercial buildings (hereinafter “the lower floor”).

4) The store on the third floor among the commercial buildings in this case is currently being used as a result of maintaining the classification as the previous one, and the fourth and fifth floors among them are used as a soup bank by changing the use from the viewing assembly facilities (e.g., bath) to the first class neighborhood living facilities (public bath) of the fourth floor and the first class neighborhood living facilities (public bath) of the fifth floor into the first class neighborhood living facilities (public bath) and the first class neighborhood living facilities of the fifth floor on December 22, 2008. However, there is no distinction between the low floor in this case at the time of new construction.

C. The composition of the Cmerial Conference and the management of the instant commercial building were divided into six floors by setting up a management committee for each floor.

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