손해배상(기)
1. The plaintiffs' appeals against the defendants are all dismissed.
2. The costs of appeal are assessed against the Plaintiffs.
1. The reasoning of the court’s explanation as to this case is as stated in the reasoning of the judgment of the first instance, except for adding the following judgments, thereby citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Additional matters to be determined
A. Whether the parking lot of this case falls under common areas 1) The Act on the Ownership and Management of Aggregate Buildings alleged by the plaintiffs (hereinafter "the Act on the Ownership and Management of Aggregate Buildings").
(2) According to Articles 15 and 16, the act of transferring the parking lot from the fourth to the second floor of the commercial building of this case constitutes the act of changing the section for common use that has a special influence on the Plaintiff’s right to operate the parking lot of this case as the owner of the commercial building. Therefore, the Defendants did not obtain the Plaintiff’s consent prior to the transfer of the parking lot of this case, but did not obtain it. Thus, the above act of transferring the parking lot of this case constitutes the act of transferring the parking lot of this case. 2) It is deemed that the parking lot of this case, which is determined by the judgment, constitutes the section for common use for the entire
Under the Act on the Ownership and Management of Aggregate Buildings, a section for common use means a section of a building other than a section for exclusive use, a section attached to a building that does not belong to a section for exclusive use, and a section for common use under Article 3(2) and (3). The section for common use in the Business Building Management Rules refers to a section for electricity, water supply, sanitation, and heating, a section for common use in the Business Building Management Rules of this case, a section for common use, a section for sewerage, a section for irrigation, a ceiling, a floor, a
However, since the parking lot of this case can be divided at any time, it cannot be viewed as a section for common use under the Act on the Ownership and Management of Aggregate Buildings (the component part of the building of this case or its accessories), and it does not fall under the section for common use
The above assertion of the plaintiffs on the premise that the parking lot of this case is a common area is without merit.
(b) dated 25, 2014