공용부분반환
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the defendant, and those resulting from the intervention in the appeal.
1. The reasoning of the judgment of the court of first instance cited the same reasoning as the reasoning of the judgment of the court of first instance, except for the following “the part which is dismissed or added.” Thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure
2. Part of the dismissal or addition of the judgment of the court of first instance regarding the “instant contract” in Part 10, the third side of the judgment of the court of first instance, as “each of the instant contracts.”
The 6th to 7th of the first instance judgment is as follows.
Article 23(1) of the Act on Ownership and Management of Condominium Buildings provides that "If the relationship of sectional ownership is established with respect to a building, sectional owners shall form a management body, with the purpose of conducting business concerning the management of building and its site and its accessory facilities, by all the sectional owners." If a management body is established not only through organization but also through organization, and a building is naturally formed with all the sectional owners. If an organization consisting of sectional owners and meets the purport of Article 23(1) of the aforesaid Act, it may play a role as a management body regardless of its form of existence or title. Even if a management body consisting of sectional owners and persons who are not sectional owners, it may concurrently play a role as a management body consisting solely of sectional owners (see Supreme Court Decision 94Da27199, Aug. 23, 1996). From April 21, 2014 to July 9, 2014, each of the instant agreements entered into between the Defendant and the Defendant and the Defendant with respect to the housing management entrustment agreement, as seen from No. 3G from around 1 to July 20 and around the foregoing.