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(영문) 서울서부지방법원 2015.04.28 2013가단240163
시설물철거소송
Text

1. The Defendants have acted in good faith with each point listed in the separate sheet No. 1 and No. 2 among the real estate listed in the separate sheet.

Reasons

1. Basic facts

A. The Plaintiff is a manager managing A apartment located in Yongsan-gu Seoul Metropolitan Government, an aggregate building (hereinafter referred to as “the apartment of this case”), and Defendant B is the owner of the instant apartment of this case 1001 and Defendant C is the owner of the instant apartment of this case 1003. The 10th floor of the instant apartment of this case is a rooftop, and a wall and a tent are installed separately for the parts under exclusive jurisdiction of the Defendants.

B. The Defendants installed each gate in the part that connects each point of the table Nos. 1 and 2 of the annexed drawing Nos. 3 and 4 among the rooftops of the apartment of this case, and each gate Nos. 5 and 6 of the annexed drawing Nos. 1 and 2 connected each point of the annexed drawing Nos. 3 and 4. Defendant C installed the gate Nos. 5 and 6 of the apartment of this case, which connects each point of the annexed drawing Nos. 5 and 6 among the apartment rooftops of this case and occupied and used the inside part exclusively (hereinafter referred to as the part of possession of this case).

[Reasons for Recognition] Unsatisfy Facts, entry of Gap 1 and 2 evidence (including each number), the result of the on-site inspection by this court, the purport of the whole pleadings

2. Article 10 (1) of the Act on the Ownership and Management of Aggregate Buildings (hereinafter “Act on the Ownership and Management of Aggregate Buildings”) provides that “The section for common use belongs to the co-ownership of all sectional owners: Provided, That the section for common use which is obviously provided only to the co-ownership by some sectional owners (hereinafter “part of common use”) belongs to the co-ownership of their sectional owners.” In the aggregate building, the corridor, stairs, and other sections provided for the co-ownership of all or some of sectional owners in the structure of the building, which lead to several sections for exclusive use in the aggregate building, are not the object of sectional ownership. The issue of which part of the building is provided to the co-ownership by all or some of the sectional owners, shall be determined by the objective use according to the structure of the building, unless there is a special agreement among the owners.

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