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(영문) 서울동부지방법원 2016.11.30 2015가합3042
공작물철거 등
Text

1. Defendant K Co., Ltd.:

(a) Attached Form 2, among the real estate sites listed in the attached Table 1 list.

Reasons

Basic Facts

The building of this case is a main complex building of the size of the 3rd underground and the 19th ground. All 474 rooms are composed of 474 rooms. The 1st underground floor is a sales facility, the 1st ground floor is a sales facility and a neighborhood living facility (general bath) and an office facility (officetel) from the 3rd to the 19th floor.

The building of this case was originally built by Plaintiff I, which was inspected around November 28, 1998. L was sold in general, and owned the remaining 288 heading rooms, including the first underground floor, and managed the building of this case, and did not constitute a management body for separate building management.

L died on November 30, 2008 and jointly succeeded to the property by M, children, N, P, Plaintiff I, and Q. The Seoul High Court Decision 2013BB64, and 65 regarding the division of inherited property among co-inheritors. On November 27, 2013, the above court rendered a final decision on November 27, 2013 that “I own 11/13 of the sectional ownership of 143 units among the sectional ownership of 28 units, the deceased’s inherited property, M,O, P, and 145 units, including the first floor, and owned 11/13 shares among the sectional ownership of 145 units, and that the remainder of 2/13 shares of the sectional ownership of the above 28 units, among the sectional ownership of the building, divided into inherited property by Q Q, and transferred it to P13 (hereinafter collectively referred to as “Defendant J13, 201,”).

With respect to the instant building, there are sectional owners holding No. 920 of the Plaintiff A, Plaintiff B No. 1219 of the 15th floor, Plaintiff C No. 1507 of the 15th floor, Plaintiff D No. 723 of the 7th floor, Plaintiff E No. 1518 of the 15th floor, Plaintiff F No. 910 of the 9th floor, Plaintiff G No. 11120 of the 11th floor, and Plaintiff H owned respectively.

The assembly of the management body on August 9, 2014 is the assembly of the instant building.

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