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(영문) 대법원 2016.10.27 2016다216038
동의의 의사표시
Text

All appeals are dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

The judgment below

According to the reasoning, the lower court determined that the Defendants’ refusal of the Defendants to consent to the alteration of their use with respect to their entire oil does not constitute “an act detrimental to the preservation of a building” or “an act contrary to the common interests of the sectional owners” under Article 5(1) of the Act on Ownership and Management of Condominium Buildings or “an act contrary to the common interests

In light of the relevant legal principles and records, the above determination by the court below is just, and contrary to the allegations in the grounds of appeal, there were no errors by misapprehending the legal principles on the ownership and management of an aggregate building, the principle of trust and good faith, the principle of prohibition of inconsistency, the supplementary interpretation of a contract, or omitting judgment, or failing to exercise the right of explanation,

Therefore, all appeals are dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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