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(영문) 의정부지방법원 고양지원 2018.07.04 2017가단73231
시설물철거 등
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff is a management body comprised of sectional owners of three underground floors and ten above ground floors A located in Gyeyang-gu, Yangyang-gu, Yangyang-gu, Seoul (hereinafter “instant aggregate building”).

B. The Defendant, a company established to run a theater business, etc., operates film theaterss on the fourth, fifth, and sixth floors of the instant aggregate building, and operated a ticket office, store, etc. in subparagraphs 309 through 312, and 314 through 317, and the ownership relationship of the said number as of May 2018 is as follows.

Defendant 9401 (4, 5, 6th) No. 9401 (4, 5, 6th) and J, No. 9401 (4, 5, 6th) and No. 9401 (4, 6th), No. 1309, No. 1310, G 4312 G 4312, No. 5314, No. 5315, No. 5316, No. 5316

C. Of the Act on the Ownership and Management of Aggregate Buildings (hereinafter “ Aggregate Buildings Act”) and the Plaintiff’s management regulations, the parts falling under this case are as follows.

1. Article 5 of the Aggregate Buildings Act (1) No sectional owner shall engage in any conduct detrimental to the preservation of a building or any other conduct contrary to the common interests of the sectional owners regarding the management and use of the building;

(4) Paragraphs (1) through (3) shall apply mutatis mutandis to a person who occupies the section for exclusive use by a person who is not a sectional owner (hereinafter referred to as "Possessor").

Article 25 (Authority and Duties of Custodians) (1) A custodian shall have the authority and duties to perform the following acts:

1. Preservation, management and change of the section for common use;

2. Demanding and receiving, from each sectional owner, allotted costs and expenses for the execution of the affairs of the managing body, and managing money;

3. Judicial or extra-judicial acts representing the managing body in regard to the execution of managing body's business;

4. Other matters between sectional owners regarding the management or use of a building, site, or annex facilities, which are not provided for in this Act, may be determined by regulations.

§ 38. (Method of Resolution)

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