건물등철거
All appeals are dismissed.
The costs of appeal are assessed against the plaintiffs.
The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).
1. Preservation of the article jointly owned is a factual and legal act conducted to prevent damage to or damage to the article jointly owned and to maintain its phenomenon;
The reason why the proviso of Article 265 of the Civil Act allows each co-owner to independently perform the act of preserving the article jointly owned is because there are many cases in which the act of preservation is urgently required, and it is common benefit to the other co-owners.
(See Supreme Court Decision 93Da54736 delivered on April 7, 1995, etc.). The Act on the Ownership and Management of Aggregate Buildings (hereinafter “Aggregate Buildings Act”) has several special provisions for sharing under the Civil Act for the smooth and appropriate maintenance of common areas and sites essential for the existence of an aggregate building, and for the coordination of mutual interests among sectional owners surrounding communal living in an aggregate building.
When the relationship of sectional ownership is established, the management body of an aggregate building, the purpose of which is to manage a building and a site by all sectional owners (Article 23). If there are not less than 10 sectional owners, the management body shall represent the management body and appoint a manager to perform the management activities (Article 24), and acts for preserving, managing and changing the section for common use, etc. belongs to the management authority and duties
(Article 25(1). The sectional owner should not engage in any conduct contrary to the common interests of the sectional owners (Article 5(1)). If the sectional owner has committed such an act, the manager may demand suspension, etc. of the act, and the lawsuit for this purpose must undergo a resolution of the management body meeting.
(Article 43, Section 1, Section 2). Therefore, the management work of common areas and the site of an aggregate building is basically a management body consisting of sectional owners and a manager representing it.
Article 16 (1) of the Aggregate Buildings Act is about the management of common areas.