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(영문) 울산지방법원 2017.04.18 2016가단492
토지인도
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. Plaintiff A is the owner who acquired, on December 28, 2012, Section 107, Section 807, and Section 102, Section 101, Section 1302 and June 16, 201, Section 101, Section 1302, which is an aggregate building constructed on the instant site.

(hereinafter referred to as “the instant apartment”, “the instant apartment No. 107, 807,” and “the instant apartment No. 101, 1302,” respectively). In addition, with respect to the instant apartment site, Plaintiff A acquired the ownership site right by respective shares of 15.595/15,694, and Plaintiff B acquired the ownership site right by 23.183/15,694.

B. The Defendant, among the instant land, set up a Rosterer, which is a construction equipment, within the parking lot in the order of the attached Table 1, 2, 3, 4, 5, 6, 7, and 1 (hereinafter “instant parking lot”), which connects each point of the attached Table 2 appraisal Nos. 17, 18, 19, 20, 20, 21, 24, 25, 29, 30, 32, 35, 36, and 17 in the part of the instant parking lot (hereinafter “instant parking lot”), and installed a rosher and container building within the parking lot in the vicinity of the said parking lot, and occupied the said A and B parking lot.

[Ground of recognition] Unsatisfy, Gap evidence 1-1 and 2-2, the result of the measurement and appraisal of the two branches of the Korea Land and Information Corporation in the Republic of Korea, the purport of the previous argument

2. The assertion and judgment

(a) If the sectional owners of one building co-ownership the site of the building, each sectional owner has a legitimate right to use all the site of the building according to its use, regardless of the proportion of co-ownership shares he/she owns to the site, unless there are special circumstances such as the existence of separate regulations;

The above legal principle should be applied to the case where the sectional owners of several buildings constructed on one parcel of land own the land.

(see, e.g., Supreme Court Decision 93Da60144, Mar. 14, 1995). According to the above facts of recognition, the plaintiffs are aggregate buildings of this case.

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