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(영문) 수원지방법원 2019.05.15 2018가합21107
차단기 등 철거 청구의 소
Text

1. The lawsuit of the council of braille representatives shall be dismissed;

2. The defendant is the building indicated in the attached list to the plaintiff B and C.

Reasons

1. A building indicated in the attached list of basic facts (hereinafter “instant building”) is a multi-family housing of the fourth and twenty above ground level ( neighborhood living facilities, educational and research facilities, and business facilities).

The instant building is used as a commercial building from the first floor to the fourth floor above the ground (hereinafter referred to as “the upper part”), from the fifth to the fourth floor above the ground (hereinafter referred to as “multi-family housing”) to the fourth floor above the ground, and is used as a parking lot from the second floor below the ground to the fourth floor below the ground (hereinafter referred to as “parking part”). Plaintiffs B and C are sectional owners of the commercial part, and the Defendant is the council of occupants’ representatives comprised of sectional owners of the apartment part.

Of the parking lot, the second underground floor is exclusively used by the sectional owners and visitors in the commercial area, and the fourth underground floor is the apartment part and the visitors are exclusively used.

In September 2006, the Defendant installed a breaker at the entrance from the second underground level to the third underground level, and against the Defendant, the Defendant filed an application for provisional disposition against the Defendant that “a part of the Plaintiff C and the sectional owners of the commercial building of this case shall remove the breaker and shall not interfere with the use of the third underground floor and the fourth underground floor of the sectional owners and customers of the commercial building of this case.”

In the above case, on June 19, 2007, mediation was established between the parties that “the entrance blocking of the entrance of an underground third-rise parking lot shall be removed, and the creditors and creditors shall not interfere with the obligees’ use of an underground third-rise parking lot.”

On July 11, 2018, the Defendant installed two parking blockingers and two ethyl luthth (hereinafter “instant blockingers and ethyl luthth”) on the third basements below the ground among the parking lots on the third basements and made it possible for the Defendant to pass only the vehicles of the sectional owners of the apartment part, and the sign “ apartment-only parking lot.”

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