logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2020.09.08 2019나111040
상가복도칸막이철거
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport.

Reasons

1. The reasoning of the judgment of the court of first instance is as follows, and the part of the third to seventh to the same 17th of the grounds of the judgment of the court of first instance among the grounds of the judgment of the court of first instance is dismissed as set forth in the following Paragraph 2. The Defendant’s assertion that the court emphasizes or adds to this court is added as set forth in the following Paragraph 3, and thus, it is citing it as it is in accordance

2. Article 17 of the Commercial Building Management Rules provides that matters concerning the change of common areas shall be determined by a resolution of a meeting by a majority of 2/3 or more of the sectional owners and voting rights. However, as examined later, there is no evidence to acknowledge that there was a resolution of 3/4 or more of the sectional owners and voting rights of the commercial building of this case regarding the establishment of the partitions of this case."

3. Additional determination

A. On July 21, 2019, the provisional meeting of the management body held on July 21, 2019 with respect to the exclusive use of the section for common use due to the installation of the partitions in this case by the defendant's assertion 1, "at the temporary management body meeting of the defendant," the executive members of the exclusive hallway, including the defendant, shall hold a meeting of the management body to draw up the matters such as the fee for the exclusive use of the section for common use and the conditions of the exclusive use of the section for common use, and again hold the consent of the existing eight commercial buildings according to the individual judgment of the members, and the executive members of the management body held on August 14, 2019, who are the representative committee of the commercial building in this case held on August 14, 2019, shall pay the user fee on behalf of the members, including the defendant who used the existing hallway portion for common use, but the 3/4 or more of the members of the sectional owners of the commercial building in this case shall have obtained consent from all members.

arrow