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(영문) 서울동부지방법원 2018.07.27 2017가합104116
출입문 및 간판 등 사용승인 청구의 소
Text

1. Of the instant lawsuit, the part of the Plaintiff’s primary claim against the Defendants is dismissed.

2. The plaintiff.

Reasons

1. Basic facts

A. The party status 1) Defendant B’s management body (hereinafter “Defendant B management body”)

Act on the Ownership and Management of Aggregate Buildings (hereinafter referred to as the " Aggregate Buildings Act")

(2) Pursuant to Article 23, the Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd.”) is a management body comprised of sectional owners of “B”, an aggregate building of the 11th floor size above the ground and the 5th floor size above the Seoul Songpa-gu D ground. The Defendant Co., Ltd. (hereinafter “Defendant Co., Ltd”) is a company entrusted by the Defendant Co., Ltd. with the management body of the instant commercial building.

3) On December 23, 2009, the Plaintiff’s 1st floor L-1047 of the instant commercial building from the EP Corporation (hereinafter “instant real estate”).

(B) A sectional owner who purchased ownership on March 29, 2010 and acquired ownership on March 29, 2010, operates a real estate brokerage office in the name of “E” from the instant real estate. B. A request for approval of the Plaintiff’s construction works is made on or around March 24, 2017 by the Plaintiff to install outside signboards and entrance doors of the instant real estate in the Defendant management body (hereinafter “instant construction”).

(c) The main part of the management rules of the instant commercial building, which was amended and enforced on July 5, 2016, related to the instant case, was as follows. Article 2 (Definition of Terms 11. Management Body refers to a management body established pursuant to Article 23(1) of the Multi-Family Building Act.

12. The term “manager” means a manager appointed pursuant to Article 24 of the Aggregate Buildings Act;

13. The term "representative committee" means the management committee established pursuant to Article 26-2 of the Aggregate Buildings Act.

14. The term "representative member" means a member of the management committee elected pursuant to Article 26-3 (1) of the Aggregate Buildings Act.

15. The term "management corporation" means a defendant company established by investing the property owned by a management body in order to efficiently manage and smoothly operate B aggregate buildings and to perform the affairs of a management body based thereon;

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