소유권에 기한 방해배제청구권
1. The plaintiffs' claim of this case is dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Basic facts
A. A building indicated in the attached Table 2 list (hereinafter “instant building”) was constructed on the ground of 4 stories underground and 18 stories above the ground around December 1999 on the land of 2952.7m2, Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu, Seoul, as well as on the ground. The first floor below, the first floor above, the first floor above, the second floor above, and the second floor above, are divided into each sales facility (hereinafter “floor”), the third to the 18th floor above, and the apartment (hereinafter “multi-story”) for the third floor above, and the second to the fourth floor above, into the parking lot and the mechanical electric facilities.
B. The Plaintiffs are part of the sectional owners of the instant building, and Defendant B’s council of occupants’ representatives (hereinafter “Defendant B’s council”) is a non-corporate group organized by the sectional owners of the instant apartment among the instant building for the purpose of managing the common areas of the instant apartment, and the Defendant A was working as the president of the management office of the apartment among the instant building from December 13, 2016 to July 31, 2018.
C. From among the instant buildings, the Plaintiffs leased a parking lot of 1,967.95 square meters on board, which connects each point of Annex 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, and 1 of Annex 3 to Annex 3 to the ground level, and a parking lot of 1,975.02 square meters on board, which connects each point of Annex 1, 2, 3, 4, 5, 6, 7, 8, 9, 9, 10, and 10 of Annex 3 to Annex 4 to Annex 3 (hereinafter “instant parking lot”). D.
On August 12, 2017, a sectional owner’s general meeting was held on August 20, 2017 in accordance with the public notice of the general meeting of occupants of the instant building, and at the above general meeting, a resolution was made to the effect that “parking lots are jointly managed, operated, and used.”
On August 23, 2017, the contents of the above resolution were publicly announced, and on September 11, 2017, the notice was posted “on-road parking lot guidance” notice containing the contents of the above resolution on the instant building including the instant parking lot.
[Reasons for Recognition] Unsatisfy, Gap evidence 2, 3, 13, 14 (including branch numbers; hereinafter the same shall apply), Eul 1, 2, 4.