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1. The defendant D Building Management Body is within the above building by the visitors under Nos. 106 and 107 of Gangdong-gu Seoul Metropolitan Government D Building No. 106.
Reasons
1. The facts subsequent to the underlying facts may be acknowledged by integrating each description in Gap evidence 1-1, 2, and 2-1, and 2-2 of Gap evidence 1-2, as a whole, the purport of the entire pleading (including the absence of any dispute).
The defendant D Building Management Body (hereinafter referred to as the "Defendant D Building Management Body") is a management body aimed at carrying out the management projects of building D in Gangdong-gu Seoul Metropolitan Government (including 9 households, 65 households, and 110 households, which are the buildings with the underground 5 floors, 20 floors above the ground; hereinafter referred to as "the aggregate building in this case") and its site and its appurtenant facilities. The defendant E is a person who has the authority and duties of the management manager provided for in Article 25 of the Act on the Ownership and Management of Aggregate Buildings (hereinafter referred to as the "Aggregate Buildings Act") by representing the management body and considering the affairs of the executive board of the management body.
Plaintiff
A acquired the partitioned ownership of 106 commercial buildings of this case (hereinafter “106”) on September 26, 2013, and Plaintiff B acquired the partitioned ownership of 107 commercial buildings of this case (hereinafter “107”) on January 6, 2014, and Plaintiff C operates a restaurant with the trade name “F” on November 21, 2013, by leasing part of No. 106 from Plaintiff B from the Plaintiff on March 31, 2014.
2. The fact that the defendant management body limited the parking of only one motor vehicle per household of a commercial building on the parking lot of the instant aggregate building to the second underground floor and the plaintiffs' parking is restricted is not in dispute between the parties.
The section for common use shall belong to the co-ownership of all sectional owners, and each co-owner may use the section for common use according to its use.
Act on the Ownership and Management of Aggregate Buildings (hereinafter referred to as the " Aggregate Buildings Act")
Article 10(1) main sentence and Article 11 of the Act). In addition, co-owners may use and take profits from all the co-owned property at the ratio of shares (Article 263 of the Civil Act), but the co-ownership of a condominium building is respectively.