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(영문) 서울중앙지방법원 2016.01.27 2015나45665
건물명도 등
Text

1. The plaintiff's appeal is all dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

The reasoning for the court's reasoning for this case is as follows: "On the other hand, the co-owners of a majority share have determined to exclusively use and benefit from the specific part of the common property in front of the fifth 8th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th, the common property is legitimate as the method of management of the common property. Thus, the co-owners of a minority share can not seek the exclusion of possession, such as the removal or withdrawal of the building used and benefitting from the co-owners of the majority share (Supreme Court Decision 2009Da22235 delivered on June 25, 2009)" and "the plaintiff can not seek the exclusion of possession against the defendants, such as the delivery of the store of this case," and therefore, it is cited as it is in accordance with the main sentence of

Therefore, the judgment of the court of first instance is legitimate, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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