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(영문) 수원지방법원 2016.11.17 2016나54336

복도인도등

Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. The reasoning of the reasoning of the judgment of the court of first instance is as follows: (a) the court, which cited the reasoning of the judgment of the court of first instance, shall use the “2015” of the 4th 3rd 3rd of the judgment of the court of first instance as “215,” and (b) other than adding the judgment of the 2nd 2nd 2nd , it shall be cited as it is in accordance with

2. In light of the fact that the Defendants added the instant commercial building 210 to 213 and the instant corridor 209 on Nov. 9, 1985, the previous building register as to the instant commercial building 209 to 209 to 213 was closed, and the new building register as to the merged 209 to 209 to 209, and the ownership transfer registration under the name of the Korea Exchange Bank was completed on Dec. 26, 1985 with respect to 209 to 209 to 209 to be merged, it is reasonable to deem that the assembly resolution was passed by the sectional owners of the instant commercial building to change the instant corridor part to the section for exclusive use, and that the approval of the sectional owners to change the said section for common use was obtained, so long as the preparation of the building register or the registration of ownership transfer was not invalidated, the merger of the instant building register as to the instant part is valid.

Therefore, it is difficult to recognize that the defendants' above assertion is without merit, on the following grounds: Eul's evidence Nos. 1-5, Eul's evidence Nos. 1-2, 2-3, Eul's evidence Nos. 4-1 through 7, Eul's evidence Nos. 5, 6, Eul's evidence Nos. 7-1 through 6, Eul's evidence Nos. 7-8, and Eul's assertion that the above circumstance alone is that the sectional owners' assembly resolution to change the hallway part of this case to the section for exclusive use, and the sectional owners' approval to change the section for common use is obtained. There is no other evidence to acknowledge it differently.

Furthermore, corridors, stairs and stairs leading to several sections of exclusive ownership among aggregate buildings.