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(영문) 대전지방법원 논산지원 2018.05.31 2017가단20299
건물등철거
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Facts of recognition;

A. A building listed in the attached list, which is an aggregate building (hereinafter “the aggregate building of this case”) shall be the main building of the fourth and the first underground floor and the annex building of the first underground floor.

Of the fourth floor of the main building, the first floor is composed of nine (101 through 109), two (2) for the second floor (201, 202), one for the third floor (301), and one for the fourth floor (401), and one for the fourth floor (401) for the common area. The underground floor of the main building and the first floor for the attached building is the common area.

B. On May 2015, the Plaintiffs purchased 401 square meters of the instant aggregate building (525.313 square meters of the exclusive ownership area) and completed the registration of transfer of ownership by 1/2 equity in the real estate auction procedure.

The Defendant purchased 201 heading (204.3315 square meters) and 202 heading (200.9798 square meters) from among the above buildings on March 2015 in the auction procedure for the sale of real estate, and completed the registration of ownership transfer. On May 2015, the Defendant purchased 301 heading (525.313 square meters) from among the above buildings and completed the registration of ownership transfer.

C. In order to operate a convalescent hospital on the third floor of the instant condominium building, the Defendant carried out construction of fire extinguishing equipment, escape equipment, sprinkler equipment, indoor fire hydrant equipment, automatic fire detection equipment, automatic fire alarm equipment, visual alarm equipment, visual alarm equipment, guiding lighting equipment, emergency lighting equipment (hereinafter “instant construction”) in accordance with the Fire Prevention Act and the Enforcement Decree of the said Act.

[Ground of recognition] Facts without dispute, Gap 1 to 4 evidence, each entry of Eul 1 to 4 evidence, the result of the survey appraisal by appraiser E, the purport of the whole pleadings

2. The parties' assertion

A. In order to change the gist of the Plaintiff’s assertion, at least 3/4 of sectional owners and at least 3/4 of voting rights must be resolved at the management body meeting, and the Defendant, without legitimate resolution, performed the instant construction and arbitrarily changed the section for common use.

Therefore, the plaintiffs, who are sectional owners, are the above construction works against the defendant as preservation acts.

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