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(영문) 서울중앙지방법원 2019.02.14 2018가단26626
건물명도 등
Text

1. Defendant C orders each point of which is indicated in the separate sheet No. 1, 2, 3, 4, and 1 among the buildings listed in the separate sheet No. 1, 2, 4, and 1.

Reasons

1. Basic facts

A. 1) The current status of the building indicated in the attached sheet is 2,830.74 square meters of the third floor of the building indicated in the attached sheet (hereinafter “instant commercial building”).

(2) The above shopping mall is unfavorable to E, and the above shopping mall is divided into 129 stores and registered as separate sections independently on the building management ledger. The owners of the above stores independently or jointly own each of the above stores, but the actual shopping mall does not have any partitions or blocking facilities for the boundary of each of the above stores or specific areas since the construction of the new commercial mall, each of the above sectional owners or lessees operates a business by installing a wooden stand at a height of about 50 cm. The boundary between each of the above stores is merely a wooden street, so it is difficult to confirm the previous location if the above store is removed or relocated. (2) Although approximately 116 merchants moved to the above commercial building after the new construction of the commercial mall, there were many changes in the current market area of the commercial building in Seocho-gu, which was located in Seoul, and as a result, many of the above changes in the current market area of the commercial building in this case to the non-resident's first place of sale within the commercial building and its relocation to the non-resident's first place of sale.

3) Meanwhile, the sectional owners or lessees of the instant commercial building are the E Commercial Building Operation Association (hereinafter “instant commercial building Operation Association”).

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