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(영문) 부산지방법원동부지원 2019.05.14 2018가단201322

공용부분 시설물 철거

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The apartment of this case consists of a total of 468 households and a single unit.

§ 3. 【Definition of Terms' used in this Code is defined as follows:

1. The term "occupant" means the owner of multi-family housing, or his/her spouse or lineal ascendants or descendants representing the owner;

2. The term "user" means a person, other than an occupant, who leases and uses multi-family housing;

3. The term "occupants, etc." means occupants and users;

Article 15 (Liability, etc.) (1) Where occupants, etc. have damaged multi-family housing, etc. or other occupants' exclusive use or common use by intention or negligence, they shall restore the original state or bear the expenses to be incurred in repairing.

In such cases, if a third party causes a loss, he/she shall compensate for such loss.

(2) Where an occupant, etc. causes damage to facilities or common areas of other occupants, etc. due to leakage or leakage of the exclusive use part owned or occupied by him/her, etc., he/she shall cooperate in performing the duties of the management entity for reinstatement and shall be liable

(3) Where any facility, etc. installed in an exclusive part is damaged in the course of inspecting or repairing a building by entering the exclusive part of a multi-family housing in which occupants, etc. reside, the management authority

(4) Where occupants, etc. have caused damage to a third party by refusing access by the management entity, they shall be liable to compensate for such damage.

Article 17 (Election of Representatives by Floors) (1) The representatives of each floor constituting the council of occupants' representatives shall be elected to the total number of 13 persons for each floor pursuant to Article 50 (1) of the Decree.

1. Districts 1: One person (09 floors);

2. Districts No. 2: 11 to 12: One person for each floor (10 to 20 floors);

3. Districts for 13: One (21) (1) 【Public announcement of the election of representatives, etc. from each floor’s 22“, which includes the following matters, the election commission shall make a public announcement of the election of representatives from each floor: