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(영문) 부산지방법원 2017.02.07 2016가단28640
구조물철거 등
Text

1. Defendant B, C, and D are the 9th to 11th floor of the building indicated in the attached Table 1 list to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff shares 205 units E of the building listed in the attached Table 1 list (hereinafter “instant commercial building”).

B. On July 14, 2015, Defendant B (hereinafter “Defendant B”) as the seller of the instant commercial building, completed the registration of ownership preservation on the portion of the 9 to 11st floor of the instant commercial building, and thereafter completed the registration of ownership transfer on the grounds of trust to Defendant KB Real Estate Trust Co., Ltd. (hereinafter “Defendant trust company”). However, Defendant C Co., Ltd (hereinafter “Defendant C”) leased the portion of the 9th floor of the instant commercial building to Defendant C (hereinafter “Defendant D”), and Defendant D Co., Ltd. (hereinafter “Defendant D”), respectively.

C. Defendant B, C, and D are the escape equipment necessary to issue a fire-fighting certificate for a business license of a public-use facility, around December 2015, and are installed with the indication of the attached drawings to the rooftop through the outside wall of the 9 to 11th floor of the instant commercial building, via the outside wall of the 11st floor of the instant commercial building (hereinafter “instant stairs”).

The relevant provisions of the Act on the Ownership and Management of Aggregate Buildings (hereinafter referred to as the " Aggregate Buildings Act") are as follows:

Article 5 (Rights, Obligations, etc. of Sectional Owners) (1) A sectional owner shall not engage in any conduct detrimental to the preservation of a building or any other conduct contrary to the common interests of sectional owners regarding the management and use of a building.

Article 14 (Management of Section for Partial Common Use) Matters concerning the management of the section for partial common use, which are interested in all sectional owners, 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, which are common, by a resolution of

Article 15 (Change of Section for Common Use) (1) Matters concerning the change of section for common use shall be not less than 3/4 of sectional owners at the managing body's meeting.

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