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(영문) 서울중앙지방법원 2015.10.15 2015가단5106816
건물명도
Text

1. The defendant shall display 1, 2, 3, 4, 5, 6, and 1 of the attached drawings among the 1st underground floors of the real estate listed in the attached list to the plaintiff.

Reasons

1. Basic facts

A. On February 5, 2015, the Plaintiff purchased real estate on the attached list (the part on the pre-paid part of the real estate register was indicated as “the brick 71.39 square meters” in the attached list from Nonparty C and completed the registration of ownership transfer on March 31, 2015.

B. Multi-household housing containing the instant building (hereinafter “multi-household housing in this case”) is a multi-household building with the first and second floors underground that was approved for use on January 30, 1989. At the time of construction, the first and second floors above the ground were approved as one household, and five households in total.

The underground floor part of the building status map attached at the time of the above approval is the same as the drawing as below:

(71.39С for parts other than stairs and warehouses).

다. 그런데 그 후 이 사건 다세대주택의 지하 부분에 관하여 허가 없이 증, 개축이 이루어져 위 <도면 1>의 지하층 71.39㎡는 아래 <도면 2>의 왼쪽 부분과 같이 방 2개, 주방, 욕실로 구성된 57.18㎡로 축소되었고(옅은 형광선으로 둘러싸인 안쪽 부분), 대신 그 오른쪽에 동일한 구조에 모양은 반대인 1세대가 신축되었다.

Map 2

D. Therefore, the term “basement No. 202 (hereinafter “B02”)” is referred to as “basement No. 202”, and the newly constructed one household is referred to as “basement No. 201”, and the Defendant occupies the above “B02”.

(A) In other words, each description or image of Gap's Evidence Nos. 1 through 4, and 6 (including the paper number), and the purport of the whole pleadings, which are shown in the separate sheet Nos. 1, 2, 3, 4, 5, 6, and 1.

2. Determination

A. According to the above facts of recognition, i.e., one underground household that is reduced in possession of the defendant, i.e., B02, is part of the building of this case owned by the plaintiff (as seen above, one room and half half of the building of this case, and part of the living room are destroyed).

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