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(영문) 서울동부지방법원 2018.06.01 2017가합104406
차단기 철거등의 청구
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. The instant building is a major complex building consisting of an apartment (total of 60 households) on the parking lots, the first to the third above ground floors, and the third above ground floors, and the apartment (total of 60 households) on the fourth to the 15th above ground. The instant building obtained approval for use on May 24, 2006.

B. The Plaintiffs are the sectional owners of the commercial building part of the instant building, and the Defendant is the management body comprised of the entire sectional owners of the instant building.

C. On the second underground floor of the instant building, an automobile blocking facility (hereinafter “instant blocking facility”) is installed from October 2006, and in order to enter a third to fifth underground parking lot, the said blocking facility must be necessarily passed.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4 through 6, 13 (including branch numbers; hereinafter the same shall apply), Eul evidence Nos. 3 through 5, 17, and the purport of the whole pleadings

2. Summary of the parties’ assertion

A. Plaintiffs 1) The parking lots of the second and fifth floors of the instant building are common areas for the entire sectional owners of the instant building. However, without the consent of the Plaintiffs, the Defendant installed the instant blocking facilities on the second and second floors so that only sectional owners of the instant apartment buildings can use the parking lots of the third and fifth floors underground, and the Plaintiffs, the owners of the commercial buildings, who are the sectional owners of the instant aggregate buildings, could not use them. This is an act that infringes on the Plaintiffs’ right to use the common areas and property rights. As such, the Defendant must remove the instant blocking facilities, and the Plaintiffs should not interfere with the passage of the parking lots, which are common areas. 2) The separation of parking lots falls under the change of common areas, and should be determined by a resolution of not less than 3/4 of the sectional owners and not less than 3

In addition, if the change in the section for common use has a special effect on the rights of other sectional owners, that sectional owner.

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