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(영문) 서울중앙지방법원 2015.04.09 2014가합510304
동의의 의사표시
Text

1. Defendant D’s use of real estate No. 3 of the attached Table No. 3 in business facilities for the Plaintiff.

Reasons

1. Determination as to the claim against Defendant D

(a)as shown in the reasons for the attachment of the claim;

(b) Article 208(3)2 of the Civil Procedure Act, which affected the conclusion of confession.

2. Determination as to claims against the remaining Defendants

A. The following facts between the parties may be acknowledged either in dispute between the parties or in the entry in Gap evidence 1-1 to 20, taking into account the whole purport of the pleadings:

(1) Gangnam-gu Seoul Metropolitan Government (hereinafter referred to as “instant building”) is a building of 7th underground and 18th ground.

The building of this case consists of common areas, such as parking lots, electricity rooms, etc., parts of the 1,2 and the 18th from the 1st to the 4th above ground, and officetels from the 7th to the 17th above ground.

② The Plaintiff is a management body comprised of sectional owners of the instant building pursuant to the Act on the Ownership and Management of Aggregate Buildings (hereinafter “Aggregate Buildings Act”). Defendant B, C, E, F, G, H, H, I, J, K, and L (hereinafter “Defendant B, etc.”) are the owners of the sections for exclusive use listed in the attached Table of Real Estate Act, among the instant buildings.

B. 1) Determination as to the cause of the claim by the Plaintiff (A) According to Article 5(1) of the Aggregate Buildings Act, each sectional owner has a duty not to engage in any conduct contrary to the common interests of the sectional owners.

Nevertheless, Defendant B, etc., opposed to the alteration of the use of their exclusive ownership, has a duty to consent to the alteration of the use, and thus, Defendant B, etc. has a duty to consent thereto.

B) Since Defendant B, etc., opposed to the alteration of the use of their exclusive ownership, obstructing the alteration of the use of the majority of sectional owners is not allowed as abuse of rights, Defendant B, etc. is obligated to consent to the alteration of use. (ii) The following facts following the fact of recognition do not conflict between the parties, or may have evidence Nos. 2 through 14, 17, 20 through 26, 31, 32, 33, and 35.

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