The Defendants are not guilty. The summary of the judgment against the Defendants is published.

1. The summary of the facts charged is that Defendant A is the manager of Seongdong-gu Seoul Metropolitan Government D Building (hereinafter “instant building”) (the underground third floor, the 19th floor, the total floor area of 41,91,17 square meters, and the hereinafter “instant building”); Defendant B is the head of the management office of the instant building.

Since the building of this case constitutes a facility that creates demand for parking, an annexed parking lot was established and constructed, and the annexed parking lot shall continue to maintain its original function.

Nevertheless, around August 9, 2014, the Defendants installed 42 out-of-the-spot 42 and 5 in the 252 square meters (14 parking spaces) of the above attached parking lot and damaged the original function of the above attached parking lot.

2. The Defendants’ assertion does not fall under the person responsible for the management of the attached parking lot, nor did they impair the original function of the attached parking lot, and did not intend to do so.

3. Determination

A. (1) Article 29(2)2 of the Parking Lot Act provides that “a person who fails to maintain the original function of an annexed parking lot without any justifiable reason, in violation of Article 19-4(2)” shall be punished against the Defendants. Article 19-4(2) of the same Act provides that “The owner of a facility or a person who is responsible for managing an annexed parking lot shall maintain the original function of the annexed parking lot so as not to impede the users of the facility in question to use the annexed parking lot.”

Meanwhile, Article 23(1) of the Act on the Ownership and Management of Aggregate Buildings provides that “If a sectional ownership relationship with respect to a building is established, all sectional owners shall be the members of the building and the management body established to carry out the business of managing the site and attached facilities.” Article 24(1) of the same Act provides that “if the sectional owners are ten or more persons, the management body shall represent the management body and appoint a manager to execute the business of the management body.”