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(영문) 인천지방법원부천지원 2017.08.25 2017가합93
차단기철거
Text

1. The defendant has a south-si O, Seocheon-si O, P ground N apartment, 102 Dong and Qhodong to the plaintiffs.

Reasons

1. Facts of recognition;

A. On the ground of KRW 29,554,100,303,000,000 (hereinafter “the instant site”) in Seocheon-si, Seocheon-si and KRW 29,554,000,000 (hereinafter “the instant apartment”), four commercial buildings, including N apartment 29,09, Dong 3,090 (hereinafter “the instant apartment”) and Qua shop (hereinafter “the instant commercial building”) were constructed and sold to the general public.

B. The plaintiffs are sectional owners of the instant shopping mall, and the defendant is an organization composed of representatives of occupants of the instant apartment.

C. The registration of the ownership of a part of the co-ownership shares as to the entire site of this case was completed in the partitioned building of 3,090 apartment units of this case and each commercial building constructed on the site of this case.

The apartment complex of this case is divided into Eastwest, as shown in the attached Form 2. The commercial building of this case is located in the south of the Eastern complex with the indication of the same drawings as that of the south of the East Eastern complex. There are two south of the southwest (the same part as the indication of the drawings) in contact with the “R” and “S” with the entrance of the vehicle of the East Eastern complex.

E. In order to control vehicles entering the same complex of the apartment complex of this case, the Defendant installed a simple guard room and a card-type blocking device at each entrance of the entrance of the other, and in the case of the residents of apartment and commercial buildings, the Defendant could have access by opening the card-type blocking device with a traffic card. In the case of the commercial-use premises, the Defendant could have access by opening an individual blocking device by referring to the visiting purpose to the security guards of the simple guard room.

F. However, on October 20, 2016 and November 21, 2016, the Defendant opened a council of occupants' representatives to open an existing blocking machine and automatically open the blocking machine when the residents of the instant apartment and each commercial building register in advance the vehicle possessed by the residents of the instant apartment and each commercial building.

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