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(영문) 서울고등법원 2017.07.14 2016나2035718

관리규약에 대한 결의 무효 확인

Text

1.The judgment of the first instance, including a claim modified at the trial, shall be modified as follows:

Plaintiffs and Defendant .

Reasons

The facts based on the following facts are either not disputed between the parties, or acknowledged based on Gap 1, 2, 3, 4, 6, 9, 10, 11, 12, Eul 1, 11, 41, and 41, as a whole on the testimony of the witness J of the trial.

[1] On July 4, 2002, the registration of ownership transfer was completed on July 4, 2002 in relation to the building, such as the sales facilities of the 7th floor and the 8th floor, constructed on the 7th floor and the 3rd floor in Seongbuk-gu, Sungnam-si, and on the same day, the registration of ownership transfer was completed on the ground of trust in the future of the Korean Asset Trust Co., Ltd.

Plaintiff

The company divided the above building into several sections for exclusive use which are the object of sectional ownership through remodeling, and on April 24, 2003, the registration of ownership transfer based on the ownership ownership ownership ownership ownership ownership ownership ownership ownership ownership ownership ownership ownership ownership belongs to the plaintiff company.

(hereinafter referred to as the above, the building divided as above was divided into the aggregate building. The Plaintiff Company sold the exclusive ownership of the instant aggregate building in lots and the occupancy of the sectional owners was commenced around April 2003.

Under the Act on Ownership and Management of Condominium Buildings (hereinafter referred to as the "Aggregate Buildings Act"), the defendant is a management body established for the purpose of implementing the project on the management of the aggregate building in this case, its land and its accessory facilities.

Plaintiff

At present, the company has divided ownership of 1st floor No. 101, 2nd ground floor No. 101, 501, 501, 601, 601, 601, 7th ground floor No. 701, all underground floor No. 501, 5th underground floor No. 601, 601, and 7th ground No. 701, all underground floor of the aggregate building of this case.

(hereinafter referred to as the “instant parking lot.” The instant condominium is divided by the Plaintiff Company from the fifth to seventh underground floors as above.