beta
(영문) 서울고등법원 2017.01.13 2016나2039826

시설물철거 및 부동산인도 청구

Text

1. The Plaintiff’s appeal against Defendant C, D, E, F, G, H, I, J, and K and the appeal against Defendant LCC Management Assembly.

Reasons

1. The reasoning for the court's explanation on this part is that "the council of occupants' representatives of the plaintiff A (hereinafter "the plaintiff's representative council")" in the 4th, 12, and 13th of the judgment of the court of first instance is "the council of occupants' representatives of the plaintiff A (hereinafter "the plaintiff's representative council of the plaintiff")", "the plaintiff B" in the 15th of the 15th of the 15th of the 15th of the 18th is "the plaintiff's council of occupants' representatives of the apartment of this case", "the plaintiff's council of occupants' representatives", "the plaintiff's representative council of the plaintiff's representative council of the plaintiff", "the defendant of the 18th of the 18th of the 18th of the 18th of the 5th of the 5th

2. The parties' assertion

A. The part on board of the Plaintiff’s assertion is the section for common use provided for the public use by all the occupants of the apartment in this case, and constitutes the entire section for common use belonging to the co-ownership of all sectional owners under the main text of Article 10(1)

Nevertheless, Defendant Chodong management assembly and the remainder of the Defendants, its members, constitute a management rules by opening a management body meeting of only Chodong sectional owners on May 2014, establishing the management rules, and establishing the management committee, and establishing the instant consignment and exclusive possession of the portion on the ship.

Therefore, the Defendants are obliged to remove the instant consignment from the Plaintiff and deliver the instant consignment portion to the Plaintiff as they sought by the Plaintiff as a sectional owner of the instant apartment as an act of preserving common areas.

B. The plaintiff's assertion 1) The council of occupants' representatives of the apartment of this case accepted the claims of the cdong occupants and moved the management office from February 2004 to the non-Dong underground. Thus, the part of this case is jointly used by the cdong occupants.