방해금지등 청구의소
1. The Plaintiff’s appeal against the Defendants and D’s successors is dismissed in entirety.
2. The appeal costs are assessed against the Plaintiff.
1. The reasons for the acceptance of the judgment of the court of first instance are as follows, except for the addition of the following '2. Additional Judgment' as to the allegations emphasized by the plaintiff in this court, and thus, they are quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Additional determination
A. The Plaintiff asserts that, even though the instant parking lot was agreed upon between the sectional owners of the exclusive ownership since the construction and sale of the instant Bara, the instant parking lot was provided only to the owners of the exclusive ownership of the instant Dora Hah HO, and that such agreement belongs to the joint ownership of all the sectional owners of the instant Dora Ba, the joint ownership of the aggregate building belongs to the joint ownership of all the sectional owners (Article 10(1) of the Act on the Ownership and Management of Aggregate Buildings), and each co-owner’s share is in accordance with the ratio of the area of the exclusive ownership (Article 12(1) of the said Act), and thus, it cannot be deemed that the Plaintiff, a specific successor referred to in Da Ba, was effective to the Plaintiff.
A special agreement between co-owners on the use and profit-making management of jointly owned property shall be valid and shall also be succeeded to by the specific successor. However, if the special agreement practically infringes on the essential parts of co-ownership right by waiver of the right to use and profit-making as the right holder of the right to share, the specific successor shall not be deemed naturally succeeded to the specific successor unless there are special circumstances, such
In addition, the existence of the above special agreement and whether there are special circumstances such as the acquisition of co-ownership share with the knowledge of the special agreement, etc., the specific status of use and profit-making management of the jointly owned property, the background leading up to such special agreement, the intent of co-owners, the period used and profit-making according to the status, the process of the acquisition of co-ownership rights, and the existence