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(영문) 서울중앙지방법원 2019.08.28 2018가합537413
시설물철거 등
Text

1. The plaintiff (Counter-Defendant) is among the first floor above the ground level of D building No. 1 in Gyeyang-gu, Gyeyang-gu, Goyang-gu.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The establishment of a D building shopping mall (hereinafter “instant shopping mall”) is an aggregate building subject to the Act on the Ownership and Management of Aggregate Buildings, which is subject to the application of the Act on the Ownership and Management of Aggregate Buildings, and is a reinforced concrete building, a floor of which is 869.575 square meters, 847.075 square meters and 1680.075 square meters and 1680.75 square meters and 2075 square meters and 2490 square meters and 1680.75 square meters and 249 square meters and 24949 square meters and 249 square meters and 249 square meters and 249 square meters (hereinafter “the instant building”).

B. On June 30, 1995, the Defendant completed the registration of transfer of ownership on the ground of “sale on May 11, 1994,” with respect to subparagraph e of the underground floor of the instant commercial building (832.5 square meters in the section of exclusive ownership, kinds of site ownership, site ownership ratio, 648.05/249, hereinafter “instant store”). The Plaintiff completed the registration of transfer of ownership on the ground of “sale on May 11, 1994.” On May 10, 2017, the Plaintiff completed the registration of transfer of ownership on the ground of “F of the instant underground floor of the commercial building (52.56 square meters in the section of exclusive ownership, site ownership ownership right, site ownership right, and site ownership ratio, 40.91/249) and subparagraph Ga of the first floor (331 square meters in the section of exclusive ownership, site ownership right, and site ownership ratio, 2497.66/19.”

C. The Defendant, in the section for exclusive use of the instant building on the 1st underground floor, uses the elevator in lightweight, steel-frame structure, sandbboard location plate, and the elevator in the instant shop (hereinafter “instant elevator”), which connects each point of the attached Table 1 drawings No. 1, 2, 3, 4, and 1 among the instant site to the section for exclusive use of the instant building (hereinafter “the part on the instant site”), and operates “H Schlage” at the instant shop, using the elevator in light of the size No. 8 square meters on board (hereinafter “the instant elevator”). The instant elevator was installed in the section 5, 6, 7, 8, and 5 of the same drawings, which connects each point of the said drawings No. 5,6, 7,8, and 5 with the underground stairs of a reinforced concrete structure, and the area No. 19.2 square meters (hereinafter “the instant exchange facility joint”). D.

On the other hand, among the first floor above the commercial building of this case, the plaintiff shall display the attached drawing Nos. 1, 2, 3, 4, and 1.

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