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(영문) 대전지방법원 2019.02.14 2017나116720

집합건물의 공용관리비

Text

1. Revocation of the first instance judgment.

2. The Defendants shall pay to the Plaintiff each amount indicated in the column of “personal fee” as follows:

Reasons

1. Basic facts

A. Article 23(1) of the Plaintiff’s Act on the Ownership and Management of Aggregate Buildings (hereinafter “Act on the Ownership and Management of Aggregate Buildings”) provides that, if a sectional ownership relationship with respect to a building is established, a “management body” with the purpose of implementing a “management-related project” for all sectional owners of the building and its site and its accessory facilities.

Article 31 of the Regulations on the Supply of Housing Units and Housing Units (Ordinance of the Ministry of Land, Infrastructure and Transport) is referred to in Article 31 of the Regulations on the Supply of Housing Units (Ordinance of the Ministry of Land, Infrastructure and Transport), which consists of two underground floors in Daejeon-gu L and 15 stories above ground, and multi-unit buildings (hereinafter referred to as “instant multi-unit buildings”).

The building of this case is a parking lot with the first and second underground floors, and with the second and second floors above the ground, 22 commercial buildings (hereinafter “instant commercial buildings”).

) On the other hand, the apartment 3 to 15 floors are apartment 332 households (hereinafter referred to as the “instant apartment part”).

A) A total of 354 households (332 households) are composed of 22 households apartment buildings (see Evidence 59, No. 23). 2) Article 10, Paragraph 1, Article 10 of the Act on the Ownership of Aggregate Buildings (see Evidence 59, No. 23) provides that a common area of an aggregate building belongs to the co-ownership of all sectional owners, but it is obvious that only some sectional owners have offered for the public use (hereinafter referred to as "part common area") belongs to the co

Whether a portion of an aggregate building is provided for the public use of all or part of a sectional owner shall be determined by the objective purpose of use according to the structure of the building, unless otherwise agreed by the special group of owners.

(See Supreme Court Decision 2008Da16394 Decided August 21, 2008). The instant building consists of one unit, and its structure consists of the following pictures and pictures:

(See Evidence A 24) This Court, a related case pending in this Court, shall be held concurrently with this case.