건물등철거
1. The defendant among the buildings attached to attached Form 1 to the plaintiffs
(a) The marks in attached Form (2) (1), (2), (3), (4), and (1); and
1. Facts of recognition;
A. Status 1 of the parties is the Plaintiff ASang Management Body (hereinafter “Plaintiff Management Body”).
[Attachment 1] A building (hereinafter “instant building”)
(2) The Defendant is a management body managing the instant building No. 2 and the Plaintiff B is a co-owner under subparagraph 4 of the instant building No. 2. The Defendant is a person operating F Council members by leasing the instant building No. 5.
B. The Defendant, following the resolution of the Plaintiff’s management body and the management committee, posted the advertising signs as indicated in attached Forms (2) through (7) at the entrance, etc., which is the section for common use of the instant building (hereinafter “each of the advertising signs of this case”) in addition to the place where each of the advertising signs permitted under subparagraph 5 of the instant building is attached. On April 30, 2018, each of the advertising signs of this case was installed without permission, and thus, was certified as having the contents of removal and restoration request.
(c) The provisions of the Act on Ownership and Management of Condominium Buildings in relation to this case are as follows:
[Article 15 (Change of Section for Common Use) (1) Matters concerning the change of section for common use shall be determined by a resolution of not less than 3/4 of sectional owners and not less than 3/4 of voting rights at the management body meeting.
Provided, That in any of the following cases, decision may be made by a resolution at an ordinary meeting under Article 38 (1):
(2) In cases under paragraph (1), if the change of the section for common use has a special effect on the rights of other sectional owners, their consent shall be obtained.
Article 16 (Management of Section for Common Use) (1) Except as provided for in the main sentence of Article 15 (1), matters concerning the management of section for common use shall be determined by a resolution at an ordinary meeting under Article 38 (1).
Provided, That each co-owner may engage in preservation activities.
[Reasons for Recognition] Facts without dispute, Gap's statements and images, and the purport of the whole pleadings
2. Determination
A. Determination on the cause of the claim