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(영문) 대전고등법원 2017.07.14 2017나10921
약정금
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasons for the acceptance of the judgment by the court of first instance are as follows, given that the reasons for the acceptance of the judgment by the court of first instance are the same as the reasons for the judgment by the court of first instance, except for the dismissal or addition as follows.

According to the judgment of the court of first instance, the plaintiff B is merely a joint plaintiff B of the first instance trial, and the plaintiff's "the plaintiff" is each "the plaintiff and B", and the "the goods" of the 5th and 8th of the first instance judgment of the court of first instance added the following descriptions to "the goods" under the 10th of the first instance judgment of the court of first instance, and the 11th of the 10th judgment of the court of first instance. As to this, the plaintiffs are co-ownership with the plaintiffs and B and allow others to use the simplified buildings of this case, and it is merely a management act jointly owned by the plaintiffs and the 3/10 share holder of the 3/10 share. Thus, even if Eul consented the defendants to use the simplified buildings of this case, the defendants cannot oppose the plaintiffs.

The management act of the article jointly owned, which provides that the former part of Article 265 of the Civil Code shall be determined by a majority of co-owners' shares, refers to an act of using or improving the article jointly owned to the extent that it does not reach the disposal or change of the article jointly owned. Among them, the use of the article jointly owned is used according to its own economic purpose, and it does not constitute a use to meet the individual demand of each co-owner and a profit therefrom. As seen above, the use of the article jointly owned does not constitute a management act of the article jointly owned, which requires a decision by the majority of shares, to approve the plaintiffs to keep the article in quantity of office and drinking water in some inside the space of the temporary building of this case where the plaintiffs did not have any plans to utilize the article as the site.

B If a person keeps his office fixtures, drinking water, etc. in the above form, it is only one co-owner.

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