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【裁判要旨】承租人向建筑物所有权人承租使用大楼底层门面房,因原设计建造的消防设施未投入使用,遂扩张租用了部分消防设施面积。后建筑物出售给多个业主,由此业主取得消防设施的共有权。在公安消防部门出具消防审核意见,明确业主对所购专有部分的商业营用必须使用原设计建造的消防设施,且当事人均未对该行政行为提出异议时,该行政确认行为的公定力应受尊重,被租用的消防面积为业主共有共用的性质应予确定,承租人拒不撤出的行为,不适用买卖不破租赁原则,应认定构成侵害新业主的区分所有权。
[Referee summary] The lessee leased to the owner of the building the use of the façade at the ground floor of the building. As a result of the original design and construction of the fire service, the lesser of the fire service facilities were extended and rented. After the buildings were sold to multiple owners, the owners gained the co-ownership of firefighting facilities. In the public security fire department issued a fire audit opinion, clearly the owners of the purchased proprietary part of the commercial use must use the original design and construction of fire-fighting facilities, and the parties did not object to the administrative act, the administrative confirmation of the act should Respected and rented fire area should be determined by the common owners, the refusal of the lessee to withdraw, and the non-failure of the leasing by buying and selling shall be deemed to constitute a division of ownership against the new owner.