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(영문) 대구고등법원 2020.10.29 2020나20525

황금동태왕아너스 상가 주차장 사용

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The judgment of the first instance shall be revoked.

The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

purport.

Reasons

1. Basic facts

A. The Plaintiff is a co-owner of No. 4, 5, and 480 households of A apartment in the instant site (which are divided into Gdong, Hdong, Idong, and Jdong), located in the instant site, in order to manage the neighborhood living facilities of 276.649m2 (hereinafter “instant site”) with the same 4,194m2 (hereinafter “instant apartment site”). The Defendant is an autonomous management organization consisting of representatives of each building, in order to manage A apartment complex of this case (the date of permission is divided into Gdong, Hdong, Idong, and Jdong) 480m2 (the date of approval for use is November 9, 200, and July 30, 2004).

B. 1) The instant apartment parking lot includes a room of 29,504.2102 square meters on the ground of the instant site (i.e., 24,157.5201 square meters) (i.e., 5,346.6901 square meters). The area of the underground parking lot (i,036 square meters) other than the stairs room is 29,376.6352 square meters as follows. The area is 29,376.652 square meters. There is an underground parking lot in the area. Of the instant apartment parking lot (i.e., the parking lot installed under the instant site, the part excluding the parking space of 2 pages “commercial parking

) 1,034 pages 1,034, the instant commercial parking lot (referring to a parking space of two pages in which the “commercial parking lot” has been located from the time of sale).

) Two pages 1,036 in total (i.e., the instant apartment parking lot 1,034; 2 pages of the instant apartment parking lot; hereinafter the instant apartment parking lot and the instant commercial parking lot collectively referred to as the “instant parking lot”).

(2) On January 25, 2019, the apartment parking lot of this case is installed at the entrance of the instant parking lot. The occupants of the instant apartment and the commercial building can open a traffic card and enter the instant parking lot. (2) In the case of the vehicle visiting the commercial building of this case, the security guards who are employed in the door of the instant parking lot individually obtained permission, and after January 25, 2019, the apartment parking lot of this case was not used as the land located on the part of the Defendant.

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