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(영문) 서울고등법원 2019.03.08 2018나2024132
영업금지 등
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. The reasoning of the judgment of the court of first instance cited the instant case is as follows, and the reasoning of the judgment of the court of first instance is as follows, except for further determination as to the Defendants’ assertion as to paragraph (3). Thus, the same shall be cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The 7th part of the judgment of the court of first instance, the 7th part of the 7th part of the judgment of the court of first instance, with the 17th to 8th part as follows.

At the time of the enactment of the instant regulations, 34 stores and 30 sectional owners were located in the instant commercial building (see the list of Signatories attached to the judgment of the first instance court). On the written consent to the enactment of the instant regulations, the first floor Mho Lake, Nho Lake, and Oho Lake were directly signed by 3 sectional owners (non-inward indication), the second floor Gho Lake, Pho Lake, and the first floor Qho Lake, signed by 2 sectional owners' representatives (non-inland △△), and the second floor CHho, the second floor CHho, the second floor CHho who did not sign, and the second floor 23 other sectional owners (including partial side consent), except 1 sectional owners of the second floor 32 through Sho Lake, with the second floor 30 - 3 - 2 - 1 - 1 - 1 - 4 , the lessees signed the second floor 8-16 through 94 of the judgment as follows.

“Therefore, the number of sectional owners who have given written consent to the enactment of the instant regulations directly or through their agents is 28 out of total 30 persons [the consent rate is 93.3%, 28%), and less than two decimal places, hereinafter the same shall apply]. Meanwhile, in accordance with Articles 37(1) and 12 of the former Act on the Ownership and Management of Aggregate Buildings, the voting rights are set at the proportion of the area of the section for exclusive use, but the area of the section for exclusive use by two sectional owners (the second floor CH units and 32 or S rooms) who have not written consent to the enactment of the instant regulations or explicitly consented to the enactment of the instant regulations is 32 square meters in total (the area of the section for exclusive use is 47.52 square meters and 47.52 square meters and 63.36 square meters in total). 3% of the total area of the section for exclusive use =32 square meters and 2479.65 square meters in writing.

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