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(영문) 서울고등법원 2017.08.30 2016누67389
건축이행강제금부과처분취소
Text

1. The judgment of the court of first instance is modified as follows.

The Defendant’s charge of compelling the performance of December 30, 2015, which was filed against the Plaintiff on December 30, 2014.

Reasons

1. The reasoning of the judgment of the court, such as accepting the judgment of the court of first instance, is as stated in the reasoning of the judgment of the court of first instance (excluding the part of the judgment of the court of first instance) except for the modification of the three to four to nine to nine to nine to nine to nine to the judgment of the court of first instance as stated in the following two. Thus, it is acceptable as it is in accordance with Article 8(2) of the Administrative Litigation

2. The Act on Ownership and Management of Condominium Buildings (hereinafter referred to as the "Act on Ownership and Management of Condominium Buildings") shall apply to the modified part;

Article 10(1) of the Act provides, “The section for common use belongs to the co-ownership of all sectional owners: Provided, That the section for partial common use, which is obvious that only some sectional owners would have offered for public use (hereinafter “section for partial common use”), belongs to the co-ownership of those sectional owners.” Article 14 provides, “The matters concerning the management of partial common use and those determined by the regulations under Article 29(2) shall be determined by a resolution of all sectional owners at an assembly of all sectional owners, and other matters shall be determined by a resolution of an assembly of all sectional owners.” Article 23 provides, “If the sectional ownership of a building is established, the management body, the purpose of which is to carry out the management of the building and its site and its accessory facilities, consisting of all sectional owners.” Furthermore, if a section for partial common use exists, its sectional owners may form a management body for the purpose of carrying out the project for the management of that section for common use in accordance with the regulations under Article 28(2) of the Act, referring to the objective decision of the Plaintiff under Article 298(3) of the Building Act.

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