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(영문) 서울북부지방법원 2015.02.27 2014가단109492
건물인도 등 청구의 소
Text

1. The defendant falls under each of the corresponding parts of the annexed Form (2) with respect to the plaintiffs, and each of the corresponding parts of the annexed Form (1).

Reasons

1. Facts of recognition;

A. The Y building (hereinafter “instant building”) is a major complex building consisting of Dong pipes constructed in Dongdaemun-gu Seoul Metropolitan Government (750 buildings and 60 apartment houses) and west pipes constructed in AA ground (including 648 apartment houses and 28 apartment houses).

B. The second floor of the building of this case consists of 90 stores, and the plaintiffs are the persons registered as the sectional owners of each shop indicated in the list of the second floor of the building of this case among the second floor of the building of this case and the drawings of the attached Form No. 2 (hereinafter “instant sectional owners”).

C. From December 201, the Defendant has operated a compound with a mutual name, “AB” on the second floor of the building of this case, including the sectioned stores in this case.

The Plaintiffs filed an application with the above court for a provisional injunction against the prohibition of possession transfer on January 3, 2014 with respect to the sectioned stores of this case as the right to preserve the name of the building based on ownership as the Seoul Northern District Court Decision 2013Kadan20159, and received a provisional injunction against possession transfer from the above court. On January 14, 2014, the above court enforcement officer issued a provisional injunction against the provisional injunction against possession transfer on the second floor of the building of this case by notifying the Defendant that the sectioned stores of this case are under the custody of the enforcement officer.

On September 2014, after the execution of the provisional disposition prohibiting the transfer of possession of this case, the Defendant transferred the possession of the second floor of the building of this case, including the divided stores of this case, to AC, and the company now operates a restaurant on the second floor of the building of this case. The Defendant was registered as an internal director of the company of this case until September 15, 2014.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 through 16 (including provisional number), Eul evidence 1-2, Eul evidence 3, the purport of the whole pleadings

2. According to the facts of the judgment on the grounds of the plaintiffs' claims, the plaintiffs registered as the sectional owners of each of the divided stores of this case respectively.

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