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(영문) 수원지방법원 2015.08.20 2014가합70811
주차장등사용방해금지
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a management body consisting of the sectional owners of commercial buildings from the first to the second floor above ground and officetels owners of the third to the fifth floor above ground from the third to the fourth floor above ground of the ground of the building of Pungsi-si, Pungsi-ro, 17 (hereinafter “instant building”). The Defendant is a management body consisting of apartment owners of the third to the fourth floor above ground. The Defendant is a management body consisting of apartment owners of the third to the fourth floor above ground.

B. The composition of the instant building by floor is as follows:

Some of the underground floors from 6th underground floors, such as machinery rooms, electricity rooms, and other public facilities, 7th underground floors to 6th underground floors, from among part of the underground floors of some underground parking lots, to 3 to 5th underground floors from the ground surface of some of the 1st underground floors of the 2nd underground floors, apartment houses with 7th above the ground common facilities of residents, such as children's parks, table rooms, senior houses, and apartment houses with 41th above the ground (including part of the 20th above the ground) among the 20th above the ground surface of common facilities of residents, such as children's parks, table rooms, and senior houses, such as part of the 20th above the ground surface.

C. Of the instant building, an underground parking lot (hereinafter “instant underground parking lot”) was installed between the second and third underground floors, and only apartment owners use the underground parking lot from the sixth to the third underground floors. The underground parking lot between the second and the third underground floors is used by the person holding the sectional ownership, and the underground parking lot between the second and the first underground floors is used by the commercial buildings and the officetels.

Currently, the instant building is divided into the elevator exclusive for commercial buildings and officetels, and the elevator exclusive for apartment buildings and the elevator exclusive for apartment buildings are divided. The elevator that can reach the sixth and twenty floors of the instant building is made available to the apartment exclusive for apartment buildings and the electric floor but can only be used by only the owner of the apartment buildings (the locking device with a password is installed on the passage of an elevator exclusive for apartment at the upper price and an officetel as an emergency elevator in an office building and only the owner of the apartment can be used).

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