대수선 동의 의사표시 청구의 소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The party status of Gangnam-gu Seoul and D E buildings (hereinafter “instant building”) are the buildings with the five underground and the eighteenth floor above ground.
The 2 to 5th underground of the instant building and the 18th above ground are common areas such as parking lots and public sculptures.
The remaining 1-17th floor and the 1/2th floor are divided by the plaintiff or the defendant's exclusive ownership or the 1/2 area of each floor.
The current status of divided ownership of each floor shall be as shown in attached Table 4.
B. The grounds of the instant dispute are as follows: (a) No. 01 of the first floor of the instant building is divided by the Plaintiff; and (b) No. 1 of the Defendant’s sectional ownership of the instant building; and (c) each unit room was completely divided into partitions around September 25, 2013; (b) pursuant to Articles 2(1)1 and 9(1) and (2) of the Special Act on the Safety Control of Publicly Used Establishments (hereinafter “Act on Publicly Used Establishments”), the owner of the relevant publicly used establishment or the publicly used establishment shall install and maintain safety facilities, etc. prescribed by Presidential Decree in accordance with the standards prescribed by Ordinance of the Ministry of Public Administration and Security; and (d) if safety facilities, etc. are not installed in compliance with the said standards, a disposition of business suspension or revocation of permission, etc. may be issued.
3) Attached Table 2 of Article 9 of the Enforcement Rule of the Multi-Use Business Establishment Act sets the criteria for installation and maintenance of safety facilities, etc. under Article 9 of the same Act. According to the above criteria, an emergency exit shall be installed in the opposite direction of the main entrance of the place of business, at least 1/2 of the longer side of the place of business from the main entrance, and shall not pass through another place of business. 4) Since the Plaintiff’s partitioned ownership subparagraph 1 and the Defendant’s partitioned ownership No. 101-1 are structurally separated, the aforementioned criteria for installation and maintenance of emergency exit are individually satisfied.
However, there is an emergency exit meeting the above requirements.