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(영문) 서울남부지방법원 2014.12.19 2013가합18845
주차방해금지 등
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. Determination as to the cause of claim

A. The Plaintiff’s assertion 1) The Plaintiff is a 6th underground floor in Yeongdeungpo-gu Seoul Metropolitan Government and A, an aggregate building of 15th ground in Yeongdeungpo-gu (hereinafter “instant building”).

Of the above, an organization established on December 28, 201 by consisting of sectional owners of each officetel on the 12, 13, and 14 above the ground and is the Defendant A Commercial Building Management Body (hereinafter “Defendant Management Body”).

(2) On June 12, 2009, Defendant B and the instant building parking lot for the first floor of the instant building, which is a parking lot for the instant building, entered into a management delegation agreement with the owners of the instant building on March 9, 2008 (hereinafter “instant parking lot”). Defendant B occupied the instant parking lot, but Defendant B did not obtain the consent of all the sectional owners of the instant building, and thus, the management delegation agreement is invalid for the instant building.

3) Therefore, the Defendants are obligated not to obstruct the Plaintiff, representing the sectional owners of each officetel on the 12,13, and 14th floor of the instant building, from entering, passing, and stopping the instant parking lot. Furthermore, the Defendants are obligated to return 100,000,100 won and damages for delay, which are part of the amount equivalent to the benefits gained by occupying the part corresponding to the parking lot corresponding to each of the instant officetels in the instant parking lot, as unjust enrichment. (B) In the instant aggregate building, in the event that a third party illegally occupies the site or accessory facilities of the building belonging to the section for common use or the co-ownership of sectional owners, the said third party is exempted from interference, return of unjust enrichment, or compensation for damages.

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