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(영문) 의정부지방법원 2019.04.19 2017가합1933
주차관리계약 무효 확인의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The structure of C and the current status of sectional owners 1) the real estate listed in the attached Table 1 list (hereinafter “C”).

(ii) The ground level consists of the aggregate buildings consisting of the 9th floor and the 2nd underground floor, consisting of 12 units, 12 units, and 3 through 9 units, respectively. (ii) The 1st underground floor consisting of public bath facilities, 1st floor and 2 units, and 3 through 9 units, respectively. The 3th underground floor is being used as commercial facilities such as retail stores and general restaurants, and the 3 to 9th underground floors are mechanical rooms.

C The second floor has a parking lot entrance (the surface of the building where the building has the above entrance due to the slope of the site where the building is located is facing the ground) and the parking lot facilities of the third to nine floors connected through the above entrance may be entered by a general vehicle.

3) D Co., Ltd. (hereinafter “D”).

On March 30, 2016, F, the wife of E, takes office as a representative director, but E actually operates.

A) On January 13, 2014, the ownership of the first floor in C underground is acquired, and now now, the owners of the first floor in C1 and the second floor in each house room, including the Plaintiff, operate the commercial building store in each of the above units. The third and fourth floors are co-owned by the sectional owners of the third and second floors, and the fifth to nine floors are co-owned by D. The current status of the owners of the units in each of the units in C as of October 26, 2017 is as follows. The area of the section for exclusive use as of January 13, 2014, the ownership of the building in each of the units in C, as of January 16, 2014, D. D. The owner of the first floor in each of the units in C, the area of the section for exclusive use as of January 13, 2014, was the representative of H, I, K, and M No. 2016, Jun. 17, 2016>

The sum of 173.88 square meters in aggregate on March 30, 2015 is 48.28 square meters, H is 26.27 square meters, 1, 25.56 square meters, 27.69 square meters in J, 27.69 square meters in H, 24.96 square meters in number, and 21.12 square meters in number.

Oho P and Q 1/2 The former owners are AZ.

On August 19, 2016, the transfer of Thoho Lake S on 24 square meters on 19 December 2015, 49.02 square meters on 18 December 2015, UhoV.

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