관리단 지위 확인 등 청구의 소
1. The instant lawsuit shall be dismissed.
2. The costs of the lawsuit are assessed against B who is represented by the plaintiff.
1. Basic facts
A. The instant aggregate building is a main complex building consisting of apartment houses (total of 60 households) on the parking lots, the first-class and the third-class underground floors, and the fourth-class and fifteen floors above the ground.
B. The Plaintiff is an organization consisting of sectional owners in the part of the instant aggregate building.
2. Judgment on the main defense of this case
A. The plaintiff's assertion is the management body of the commercial part naturally established by himself as the sectional owners of the commercial part among the aggregate buildings of this case under Article 23 (1) of the Act on the Ownership and Management of Aggregate Buildings (hereinafter "the Aggregate Buildings Act"). Even if it is not established automatically, the commercial part of this case is completely independent of the apartment part, such as the apartment part and entrance, and the common part such as elevators, and under the premise that it is the common part of the management body composed only of the sectional owners of the commercial part pursuant to Article 23 (2) of the Aggregate Buildings Act, the plaintiff's claim against the defendant for the removal of disturbance against the parking lot which is the common part, and the management authority for the parking lot which is the common part in this case is confirmed to be the plaintiff.
B. Article 23 (1) of the Aggregate Buildings Act provides that "If the relationship of sectional ownership is established for the building, the management body shall be established for the purpose of the management of the building and its site and its accessory facilities by making all sectional owners as members if the relationship of sectional ownership is established for the building." Thus, the management body of the aggregate building is not an organization established for the purpose of the management of the building and its appurtenant facilities, but an organization established for the purpose of
On the other hand, it is evident that only some of the sectional owners of an aggregate building are offered for public use.