칸막이철거
1. The defendant shall draw up the annexed drawings among the 1st underground floor D (trade name: E) of Seongdong-gu Seoul Metropolitan Government Building Construction Co., Ltd.
1. The judgment on the cause of the claim is that the Plaintiff is the management body of Seongdong-gu Seoul Building Construction Complex (hereinafter “instant commercial building”); the Defendant is operating a store E with the trade name from the 1st underground floor D of the instant commercial building; and the Defendant installed the partitions connecting each point of the 1, 2, and 3 of the annexed drawing indication 1, 2, and 3 (hereinafter “instant partitions”) in the order of installation of the partitions connecting each point of the annexed drawing indication 1, 2, and 3 (hereinafter “instant partitions”); and the fact that the Plaintiff was prohibited from installing the partitions exceeding 130 cm from the floor of the instant commercial building; the fact that there is no dispute between the parties or that the Defendant is prohibited from installing the partitions exceeding 130 cm from the floor from the floor of the instant commercial building under Article 124(1)7 of the Management Rules may be recognized by comprehensively taking into account the overall purport of the arguments and arguments.
According to the above facts, the part exceeding 130 cm high among the partitions of this case constitutes an act prohibited under Article 124(1)7 of the Management Rules, and thus, the defendant is obligated to remove the part exceeding 130 cm high among the partitions of this case to the plaintiff, barring special circumstances.
2. The defendant's assertion argues that the defendant did not have a duty to remove more than 130 cm in height of the partitions, at the request of the head of the management office, a partition exceeding 130 cm with the consent of the neighboring shop occupants, and the majority of the commercial buildings have been installed and used in excess of 130 cm, so there is no obligation to remove more than 130 cm in height.
However, as long as the standards for the installation of partitions are set in the management rules of the commercial building of this case, the defendant must observe the above standards and install the partitions, and even if the defendant installed the partitions with the consent of the neighboring shop occupants at the request of the head of the management office, as alleged by the defendant, the head of the management office violates the articles of incorporation of the commercial building of this case.