주차시설 철거 및 건물인도
The defendant shall deliver to the plaintiffs each object of life expectancy as stated in the separate sheet.
The costs of lawsuit are assessed against the defendant.
Basic Facts
Plaintiff
A Management Body (B) (hereinafter “Plaintiff Management Body”) is a management body established by consisting of all sectional owners of the buildings listed in the separate sheet (hereinafter “instant building”) pursuant to Article 23 of the Act on Ownership and Management of Condominium Buildings (hereinafter “the Aggregate Buildings Act”). Plaintiff C is a sectional owner of 2058 of the instant building; Plaintiff D is a sectional owner of 2058 of the second floor among the instant buildings; Plaintiff D was a sectional owner of 2135 of the second floor; Plaintiff E is a sectional owner of 4023 of the instant building; Plaintiff E is a sectional owner of 6102 and 6103 of the instant building; Plaintiff F is a sectional owner of 6th class 6102 and 6103 of the instant building; the Defendant is a stock company engaging in
(A) Evidence Nos. 1-1-5). The defendant occupies each object of life relief as indicated in the separate sheet among the buildings of this case (hereinafter referred to as “instant parking lot”) and manages the parking lot.
(No. 3-1 through 4, No. 24). 【No. 3-1, A’s evidence 1-5, A’s evidence 3-1 through 4, A’s evidence 24, the summary of this safety defense as to the party’s ability to determine the main purpose of the defense as to the defense of safety, as a whole, the Plaintiff’s management body is an organization composed of some sectional owners of the building of this case, and therefore has no substantive ability to do so.
Therefore, the lawsuit of the plaintiff management body is unlawful by the lawsuit filed by a person who is incapable of being a party.
Judgment
If a sectional ownership relationship is established for an aggregate building, a management body is established for the purpose of carrying out projects for the management of building, its site and attached facilities with all sectional owners as members of the aggregate building (Article 23(1) of the Aggregate Buildings Act). If a management body of an aggregate building is not established only through any organizational act but there is a building established for sectional ownership, it is naturally an organization established for all sectional owners as members of the aggregate building.