1. The plaintiff's claim is dismissed.

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

Basic Facts

Pursuant to the Act on the Ownership and Management of Aggregate Buildings (hereinafter “Building Act”), the Defendant is a management body comprised of sectional owners of the instant building (hereinafter “instant building”), which is an aggregate building of 4 stories underground and 15 stories above the ground, located in the Seocho-gu, Busan pursuant to the Act on the Ownership and Management of Aggregate Buildings. In order to operate medical device sales business on March 13, 2014, the Plaintiff is a sectional owner who purchased the instant real estate in the voluntary auction procedure for the instant building No. 202 (division 328.24 square meters of a pre-owned area, 294.7 square meters of a pre-owned area, and 33.47 square meters of a pre-owned area, and 203 square meters of a pre-owned area; hereinafter “instant real estate”).

Article 4 (Effect of Regulations, etc.) (1) Regulations and resolutions of the management body meeting of this case shall also have effect on the persons who succeed to the status of sectional owners.

Article 10-2 (Types of Business of Section for Exclusive Use) (1) A management body shall designate the category of business of section for Exclusive Use as follows by its rules:

(2) The next-class shop occupants shall prohibit shop occupants of the same type of business under paragraph (1).

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