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(영문) 부산지방법원 2018.04.25 2015가단64212
건물명도 등
Text

1. The Defendant-Counterclaim Plaintiff (Counterclaim Plaintiff) is the first floor of the building with attached Form 1 located on the land X located on the Dongdong-gu Busan Metropolitan City.

Reasons

1. Facts recognized;

A. 1) The building of this case is located on the X above the Dong-gu Busan Metropolitan City (hereinafter “the commercial building of this case”).

(2) The commercial building of this case is an aggregate building approved on November 11, 1977. 2) However, the building of this case is composed of a total of 2 floors in the actual situation, but is constructed on the ground where the pentle slope was advanced, and from the outside of the building, it is also deemed to be a second floor building in any place, and it is also a unique structure that appears to be a first floor above the ground and a third floor building in another place.

In other words, when viewed from the outside on the basis of 36.1 square meters of the store in the part of the Disposition No. 1 (hereinafter “the part of the instant store”), the part of the instant store is located on the 1st floor, which appears to be the 2nd floor building on the ground, and the part of the instant building on the 1st floor is located on the 1st floor. The above 1st floor is underground (or half underground) and the 2nd floor is seen to be the 1st floor.

3) Due to such characteristics, it appears that the criteria for determining the number of floors of the instant commercial building are ambiguous, and the names of the underground, the first, and the second floor are mixed and used for each data (in the aggregate building register and the building register, unlike the actual status as seen above, indicated as “the underground floor 663.47 square meters, the first floor 283.3 square meters, the second floor 892.23 square meters, and the second floor 16.2 square meters,” unlike the actual status as above.

(1)(hereinafter referred to as "in this case, the commercial building in this case shall be deemed to be one aggregate building consisting of two floors in total, based on the actual status, for the unity of standards, and the part of the store in this case shall be deemed to be the first floor and the upper floor shall be deemed to be the second floor.

B. 1) The commercial building of this case has a total of 92 individual stores subject to sectional ownership, and the plaintiffs are the sectional owners of some of the stores.

2 The defendant is the sectional owner of the part of "No. 1 and No. 14 of the first floor" among the commercial buildings of this case on the aggregate building ledger.

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