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(영문) 수원지방법원 안산지원 2018.01.10 2016가단71419
시설물 철거 청구 등
Text

1. The lawsuit of this case by the plaintiff A management body shall be dismissed.

2. The plaintiff B's respective claims against the defendants are dismissed.

3...

Reasons

1. Facts below the basis facts do not conflict between the parties, Gap evidence 1 to 5, Eul evidence 17 to 20, Eul evidence 23, Eul evidence 1, Eul evidence 3-2 to 32, Eul evidence 7-1, 2, Eul evidence 8 to 10, Eul evidence 12-1 to 23, Eul evidence 24, Eul evidence 26-1 to 25, Eul evidence 27, Eul evidence 28, Eul evidence 29-1 to 29-3, Eul evidence 29-1 to 3, Eul evidence 29-2 to 32, Eul evidence 7-2, Eul evidence 1 to 12-1, Eul evidence 16-2, Eul evidence 23, Eul evidence 24, Eul evidence 26-1 to 25, evidence 29-1 to 29-3, witness G's testimony, Eul evidence 3-1 to 15, appraisal result of appraiser's appraisal, and appraiser's result in the entrustment.

(1) The plaintiff management body is a prescribed management body under the Act on the Ownership and Management of Aggregate Buildings (hereinafter referred to as the "Aggregate Buildings Act"), which consists of the sectional owners of the instant aggregate building, and the plaintiff B is a sectional owner who owns Jho Lake among the instant aggregate buildings, and is a representative of the plaintiff management body and is appointed as a manager at the same time.

(2) Defendant C is the owner of K and L, who is the entire section for exclusive use by the fifth floor among the instant aggregate buildings, and is one of the sectional owners of the instant aggregate buildings, and Defendant D is the owner of Defendant C. The Defendants also operate M Coina (hereinafter “instant letter”) in K and L among the instant aggregate buildings.

B. The circumstances leading up to the composition of the instant management body and the contents of the management rules thereof (1) did not perform an act of forming an executive officer of the management body in the instant aggregate building. A small number of sectional owners and occupants jointly form an organization, which is designated as a representative committee (hereinafter “representative committee”) to deal with matters concerning the management of the instant aggregate building under the name of the “A representative committee” (hereinafter “representative committee”).

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