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(영문) 수원지방법원 2014.12.23 2014가합65437
시설물 인도
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. On December 26, 2006, the building listed in attached list 1 of the basic facts (hereinafter “instant building”) was completed and the registration of ownership was completed in the name of the stock company B (hereinafter “B”), and around March 2007, B installed a vehicle breaker listed in attached Table 4 (hereinafter “instant breaker”) at the entrance of the parking lot of the instant building. On the first floor of the instant building, the blocker management room listed in attached Table 5 (hereinafter “instant management room”).

The plaintiff is a management body of an aggregate building, the purpose of which is to manage the building in this case and its site and its accessory facilities pursuant to the Act on the Ownership and Management of Aggregate Buildings.

On November 15, 2013, the Defendant completed the registration of ownership transfer on the real estate listed in attached Table 3 (hereinafter “instant second basement parking lot”) among the instant buildings, as to the real estate listed in attached Table 3 (hereinafter “instant second basement parking lot”). On February 19, 2014, the Defendant completed each registration of ownership transfer on the real estate listed in attached Table 2 among the instant buildings (hereinafter “instant first basement parking lot”).

[Ground of recognition] Facts without dispute, entry of Gap evidence 2, 4, and 7, the purport of the whole pleadings

2. The plaintiff's assertion

A. The primary assertion that the Plaintiff succeeded to and acquired the ownership of each of the above facilities from the owner of the instant blockingr and the instant management office B. Since the Defendant occupied the instant blockingr and the instant management office, the Defendant is obligated to deliver the instant blockingr and the instant management office to the Plaintiff.

B. Preliminary assertion of this case and the management office of this case are the common areas of the building of this case, and the plaintiff has the management right to the common areas as the management office of the building of this case. Thus, the defendant has the duty to deliver the instant blockinger and the management office of this case to the plaintiff.

3. The defendant's judgment on the main safety defense is not only the defendant but also the third basement parking lot of the building of this case.

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