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The defendants are next to the 3th apartment operation by the users of the Flring site No. 205, Daegu Northern-gu D ground E apartmentba-dong 205.
Reasons
Facts of recognition
An apartment building described in Paragraph 1 of the order located in Daegu Northern-gu D (hereinafter referred to as the “instant apartment building”) is an apartment building consisting of the first floor, the second floor, the second floor, the third and fourth apartment buildings, and the second floor from the underground floor to the second floor, and the third and fourth apartment buildings.
The plaintiff is the sectional owner [the right to a site has been registered as 320.19/40, but the registration of the right to a site has been cancelled for a reconstruction project] of the apartment building No. 205, the apartment building No. 205, the plaintiff is the one who operates the Fballing site "Fballing site" in the above commercial building (hereinafter "Fballing site" in this case). The defendant B was the one who operates the sectional owner of the building No. 305, the apartment building No. 305 [the type of the right to a site has been registered as 36.40/5, 4029, and the right to a site was cancelled for a reconstruction project], and the defendant C is the wife of the defendant B.
From October 2016, the Defendants: (a) from around October 2016, the Plaintiff used an outdoor parking lot (see attached photographs; hereinafter “instant parking lot”) in the side part of the third floor apartment of the instant apartment in operation of the instant apartment as an open parking space to the users of the instant bowling site; (b) around that time, the Defendants controlled the users of the instant bowling site to enter, pass, and park in the instant parking lot on the grounds that the use of the said parking lot by the Plaintiff would substantially interfere with the daily life of the Defendants.
With respect to matters such as the management, use, etc. of the instant parking lot, there is no management rules under the Act on Ownership and Management of Condominium Buildings enacted by the sectional owners of the instant apartment, and there is no special resolution for the management, use, etc. of the instant parking lot by the instant sectional owners of apartment buildings.
[Ground of recognition] Unsatisfy, A 1.