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Reasons
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(영문) 수원지방법원성남지원 2015.08.18 2014가합203133
공유물원상복구
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1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The plaintiffs' assertion

A. Defendant C and the lessee of the instant store, the owner of No. 106 of the first floor (hereinafter “instant store”) among the instant building, who engage in real estate brokerage business at the location, installed two entrance doors (hereinafter “instant entrance”) by illegally changing the glass walls of the instant store, which is common areas.

B. Plaintiff A is the owner of the 108th floor adjacent to the instant store among the instant buildings, and Plaintiff B leased the 108 shop and runs real estate brokerage business at that place.

C. The Defendants, as above, illegally installed the entrance of the instant case and gain profits therefrom using the said entrance.

In addition, the establishment of the entrance of this case causes a safety and structural problem in corridor traffic, and the plaintiff B suffered a lot of loss from the profit by getting a lot of customers, and the plaintiff A suffered a lot of loss of property, such as a decline in the value of its own store.

Plaintiff

A is seeking to remove and restore the entrance of this case illegally established as an act of preservation in accordance with the Commercial Building Management Rules and the "Act on Ownership and Management of Condominium Buildings" to the Defendants.

In addition, the plaintiffs seek to pay consolation money of one million won each from the plaintiffs' mental damage caused by the installation of the entrance of this case to the defendants.

2. Corridors, stairs and other sections of the building that lead to several sections of exclusive ownership in the aggregate building, which are provided for the common use of all or some of the sectional owners in the structure of the building, shall not be the object of sectional ownership as common areas, and whether some sections of the building are provided for the common use of all or some of the sectional owners shall be determined by the objective purpose according to the structure of the building, unless otherwise agreed by the owners of the building;

Supreme Court Decision 2007Da90241 Decided June 26, 2008, Supreme Court Decision 2007Da90241 Decided February 28, 1995

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