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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. Basic facts
A. The instant aggregate building is a main complex building consisting of apartment houses (total of 60 households) on the parking lots, the first-class and the third-class underground floors, and the fourth-class and fifteen floors above the ground.
B. The Plaintiff is an organization consisting of sectional owners in the part of the instant aggregate building.
[Reasons for Recognition] Unsatisfy, Gap's statements in Gap's evidence 1, 5, 19 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings
2. The defendant's judgment on the main defense of safety is not a management body of the entire aggregate building of this case, but merely a commercial building of this case, that is, a management body of part of the section for common use of the aggregate building, which can be seen as a management body of the section for common use of the aggregate building of this case. Since the plaintiff failed to meet the requirements under the Act on the Ownership and Management of Aggregate Buildings (hereinafter "the Act on the Ownership and Management
In full view of the statements in evidence Nos. 10 through 16, 24 through 26, the plaintiff was organized as members of the sectional owners of the building of this case for the purpose of managing the part of the building of this case among the aggregate buildings of this case, and the plaintiff convened a general meeting and appointed officers and representatives, and established management rules (if it is difficult to recognize that separate regulations have been established for managing the part of the common use area other than the defendant management rules as seen later, it is difficult to recognize that the rules have been established for managing the part of the common use area in this case). Thus, regardless of whether the plaintiff is in the management body under the Act on the Ownership and Management of Aggregate Buildings, the
Since the defendant's main defense is without merit.
3. Judgment on the merits
A. The plaintiff's argument is that the plaintiff himself is a sectional owner of the commercial building part of the instant aggregate building as stipulated in Article 23 (1) of the Aggregate Buildings Act.