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(영문) 대전지방법원 2018.10.24 2015가단208754
구상금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. (1) The building of this case is the building that was approved on November 16, 1985 (hereinafter “the building of this case”).

The first floor of the building of this case is mainly used as a commercial building, and the second floor is mainly used as a house.

(2) The Plaintiff is the owner of the 1st floor F and G of the instant building. The Defendants owned the 2nd floor H and I by February 2015.

The structure and size of each part above and the details of transfer of ownership shall be as specified in the following [Attachment 1]:

(2) On October 16, 2002, the Plaintiff submitted the following drawings on May 30, 199: (a) on December 27, 201: (b) on December 201, 201: (c) on the ground that the Plaintiff’s ownership transfer registration was completed on May 30, 201: (a) on the ground that the Plaintiff’s ownership transfer registration was transferred to J on February 12, 2015: (a) on the ground that the number of floors structure and the ownership transfer registration was completed on April 15, 2015: (b) 14m2 as a member of the reinforced concrete building of 1st floor F&O; (c) 75m3m2 as a member of the building building of reinforced concrete of 1st floor; (d) 73m2 as a member of the building building of reinforced concrete of 1st floor; and (e) on the ground that the Plaintiff’s ownership transfer registration was completed on April 6, 20198.

B. The Plaintiff’s central passage 1) Of the first floor of the instant building, the place being used as a central passage was the state of outer wall without any passage.

2) From March 2012 to April 2015, the Plaintiff removed external walls and made the central passage, which is an external passage leading to the building, to the road. The central passage is located adjacent to F and G, a commercial building owned by the Plaintiff (see each of the drawings in attached Form 2-1). Attached Form 2-1 is attached to the appraiser M’s appraisal report on July 17, 2017, and attached Forms 2-2 and 2-3 are submitted by the Plaintiff.

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