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All appeals by the Defendants are dismissed.
Reasons
1. Summary of grounds for appeal;
A. At the time of the instant case, the Defendants did not have intention to damage others’ goods.
B. The removal of the instant facilities by the Defendants is in accordance with the resolution of the management body assembly, and its illegality is dismissed as it constitutes a justifiable act.
C. The Defendants removed the instant facilities by mistake that they did not constitute a crime under the law, and there is reasonable ground for the Defendants’ mistake as above.
2. Determination
A. In light of the records, this case's facility is recognized as "a accessory to a building that does not belong to the exclusively owned part" of the sectional owners of the building of this case. Thus, it constitutes a common area under Article 2 subparagraph 4 of the Act on the Ownership and Management of Aggregate Buildings (hereinafter only referred to as "the Act on the Ownership and Management of Aggregate Buildings"), and this constitutes a common area under Article 10 (1) of the Act on the Ownership and Management of Aggregate Buildings. Since the defendants can be found to have intentional intent as to "a removal of the facility of this case, which is the property of another person," the defendants can remove the facility of this case, which is the property of another person."
B. We examine the argument as to the grounds for revoking illegality, Article 15(1) of the Aggregate Buildings Act provides that "the matters concerning the change of the section for common use shall be determined by a resolution of not less than 3/4 of sectional owners and not less than 3/4 of voting rights at the meeting of the management body", Article 15(2) provides that "in the case of paragraph (1), if the change of the section for common use has a special effect on the rights of other sectional owners, the consent of those sectional owners shall be obtained." Article 16(1) provides that "the matters concerning the management of the section for common use shall be determined by a resolution of an ordinary assembly under Article 38(1), except in the case of the main sentence of Article 15(1)."