(영문) 수원지방법원성남지원 2015.01.15 2014가합200349

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원성남지원 2015.01.15 2014가합200349

임대료 등 청구의 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. Of the aggregate buildings D, which are multi-unit buildings located on the land outside C of the Subdivision-gu, Seongbuk-gu, Sungnam-si, and three lots (hereinafter “instant aggregate buildings”), the Plaintiff is a sectional owner of the 1st, 101, 201, 201, 5th, 5th, 601, 601, and 701, 7th, 7th and 701 (hereinafter “instant underground parking lot”), and the Plaintiff operates the “Embia” at the instant store.

B. The defendant is a non-corporate association consisting of sectional owners of the instant aggregate building with the objective of carrying out projects related to the management of the said building and its site and its accessory facilities.

C. The Plaintiff’s representative director F served as the Defendant’s representative from December 4, 2003 to February 29, 2012.

Of the management rules of the instant aggregate building (hereinafter referred to as the "management rules") and the Act on Ownership and Management of Condominium Buildings (hereinafter referred to as the "Act on Ownership and Management of Condominium Buildings"), the parts related to the instant case are as follows:

Article 2 (Definition of Terms) (1) A sectional owner of the instant aggregate building means the owner of the sectional ownership of the said aggregate building.

(4) The term "section for common use" means a part of a building other than the section for exclusive use, an auxiliary and welfare facility jointly owned, and its land attached thereto.

(5) The representative meeting of occupants means a management body comprised of the chairperson elected at the general meeting of occupants, commissioned directors, auditors, etc.

Article 9 (Exercise of Voting Rights) (1) A sectional owner shall have the voting rights according to his/her share owned.

Article 12 (Resolution) (1) The following matters shall be resolved with the affirmative votes of the majority of sectional owners present and the attendance of sectional owners:

(2) The following matters shall require the consent of at least 3/4 of the voting rights of sectional owners present at the meeting:

4. Resolution of occupants shall be made for the change or disposal of the site and common portion.

참조조문

-집합건물의 소유 및 관리에 관한 법률

유사 판례

-인천지방법원 부천지원 2018.10.31 2017가합104810

-수원지방법원안양지원 2019.05.03 2017가합104205

-수원지방법원성남지원 2016.05.25 2015가합206795

-수원지방법원 2015.02.13 2013나42844

-대법원 2011. 10. 13. 선고 2009다65546 판결