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(영문) 서울북부지방법원 2017.06.08 2017가합20214
건물인도 및 손해배상(기)등 청구
Text

1. The Defendant (Counterclaim Plaintiff) is jointly involved:

A. Each plaintiff (Counterclaim defendant) recorded in the attached list of real estate in the same list.

Reasons

Basic Facts

Plaintiff

T is registered as the owner of a concrete 3.80 square meters (hereinafter “instant AG store”) near the steel frame of AE building AF-dong AF-dong, Dongdaemun-gu, Seoul (hereinafter “instant AF-1 story”) located in AD. On February 25, 2016, T is a person who sold it to Nonparty AH on February 25, 2016, and completed the registration of transfer of ownership on March 4, 2016.

Plaintiff

F is a person registered as an owner of 1/2 of the real estate listed in attached Form No. 6 of the List of Real Estate (hereinafter “instant AI store”); and Plaintiff J is a person registered as an owner of 1/2 of the real estate listed in attached Form No. 10 of the real estate listed in attached Table No. 10 of the Real Estate List (hereinafter “instant AJ store”); and the remaining Plaintiffs except Plaintiff T, F, and J are the persons registered as the owners of the relevant real estate listed in the attached Table No. 6

(hereinafter) The real estate indicated in the separate list of real estate is used as “the instant dispute store,” and the total of the instant dispute stores and the instant dispute stores is referred to as “each of the instant stores.” Defendant AA Co., Ltd. is a company established on October 14, 2013 for the purpose of managing and operating buildings, and is jointly representative director AB and AC.

From October 2012, Defendant AB and AC began to possess the first floor of the instant AF, including each of the instant stores from October 20, 2012.

[Grounds for recognition] Nos. 1, 6, and 13 (including a branch number; hereinafter the same shall apply), the purport of the entire pleadings, and the recognition of the determination as to the grounds for the claim for determination as to the delivery of the dispute store in this case and the removal of the facilities installed in the dispute store. The fact that the remaining plaintiffs except the plaintiff T (hereinafter "the plaintiffs") are registered as the owner of the dispute store in this case or as the 1/2 equity right holder is as shown above, and the defendants are currently operating a restaurant of "AK" with the trade name by installing various facilities on the AF 1st floor in this case including the dispute store in this case.

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