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(영문) 인천지방법원 2020.10.30 2019가합60072
주차방해금지 등
Text

1. The defendant is a person who visits a sectional owner, lessee, or commercial building in Seo-gu Incheon Metropolitan City D.

Reasons

Basic Facts

A. The Plaintiff A management body is a shopping complex management body composed of merchants operating a 37 room from the second to the fourth floor above the ground among the underground floors located in the 4th floor of the 5th floor to the 3272.3 square meters above the ground in Seo-gu Incheon, Incheon, and the 13th floor reinforced concrete building and the A main shopping complex building (hereinafter “instant building”), which is a multi-family housing of the 13th floor above the ground, and the Plaintiff B owns the 6th floor F of the commercial building among the instant building. The Defendant is an organization consisting of the co-owners or residents of the 89 households of the 5th to the 13th floor above the ground among the instant building.

B. The building of this case has a total of three parking lots. ① On June 13, 2003, the first floor parking lot of this case (hereinafter “the parking lot of this case”) was used together by the occupants, occupants, etc. of the commercial building of this case from the time when approval for the use of the building of this case was obtained on or around June 13, 2003. However, after the Defendant installed the blocking machine as set forth in paragraph (2) of this case (hereinafter “the blocking machine of this case”), the sectional owners, lessees, and visitors of the commercial building of this case were unable to use the parking lot of this case (excluding three pages before passing the blocking machine), and ② the third floor parking lot of underground is set-off by the Defendant at the entrance of the parking lot as self-stocks, and ③ the fourth floor parking lot of the underground floor of this case has a mechanical parking lot and the self-stocks parking lot of this case, and there is no installed a blocking machine at the entrance.

C. With respect to each floor where the parking lot of the instant building is located, the column for title in the building ledger of the instant aggregate building is indicated as follows: “The current status of the building” in the column for title in the building ledger of the instant building: “The underground fourth-rise underground parking lots, water tank rooms, machine rooms 2,360.09 square meters; 2,617.12 square meters of underground parking lots of three floors; the first floor retail stores of the ground; 1,553 square meters of a vehicle; the place of business; 1,553 square meters of a vehicle; the real estate brokerage office of the first floor; general restaurant; 408.66 square meters of underground 4 stories;” and the title section of the register of the instant building of the instant case is indicated as “the title section

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