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The Defendant, as the Plaintiff
(a) Of the area of 138.2 square meters in Suwon-gu Busan Metropolitan City, each point of Annex 1, 2, 3, 4, and 1.
Reasons
Facts of recognition
Pursuant to Article 23 of the Act on the Ownership and Management of Aggregate Buildings (hereinafter referred to as the "Aggregate Buildings Act"), the Plaintiff is an organization comprised of all sectional owners for the management of A (hereinafter referred to as "the instant building"), which is a 14th ground floor located in Suwon-gu, Busan, and D, and a 14th ground.
피고는 이 사건 건물의 구분소유자들과 협의하지 아니한 채 이 사건 건물의 대지인 부산 수영구 C 대 138.2㎡ 중 별지 도면 표시 ㄱ, ㄴ, ㄷ, ㄹ, ㄱ의 각 점을 차례로 연결한 선내 ㈎부분 12.5㎡에 별지 목록 기재 공작물을 설치하여 이를 배타적으로 점유사용하고 있다.
[Ground of recognition] In the aggregate building with no dispute, Gap evidence 2, Gap evidence 3-1, Eul evidence 3-2, and the purport of the whole pleadings, where a third party illegally occupies the site or attached facilities of the building belonging to the common area or the common area or the common ownership of the sectional owner, the legal relation that the third party unlawfully occupies is not a legal relation that belongs to the sectional owner, but is based on the co-ownership right of the common area, etc., and thus, the lawsuit can be brought by the sectional owner in the first or all names.
Furthermore, if the relationship of sectional ownership is established as to an aggregate building, at the same time, a management body is organized as an organization with the aim of enforcing the matters concerning the management of buildings and their sites and annexed facilities as all sectional owners, and when the manager is appointed in the resolution of the management body meeting, the manager can act on behalf of the management body in relation to the business execution on behalf of the management body.
(See Supreme Court Decision 2003Da17774 delivered on June 24, 2003). Examining the above facts in light of the above legal principles, the defendant is an act of preserving jointly owned property and the plaintiff seeking the exclusion of exclusive use is stated in the attached list.