logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2016.01.28 2014나10615
구조물철거등
Text

1. The plaintiff's appeal is dismissed.

2. The costs of the lawsuit after the appeal shall be borne by the Plaintiff.

purport, purport, and.

Reasons

1. The reasoning for the court's explanation concerning this case is as follows: (a) the structure "each structure" indicated in the attached Form 1, such as the indication of the "attached Form 1," shall be changed to "Annex 2, such as the indication of the "attached Form 8," and (b) the part of the "decision on the claim for management expenses" in the attached Form 3 is the same as the entry of the reasons for the judgment of the court of first instance, and (c) it shall be cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

【Supplementary Use】

B. Determination 1) As seen earlier, considering the language and text of the Housing Act and the Enforcement Decree of the Housing Act, the Housing Act and the Multi-Family Building Act, the relationship between building management regulations under the Building Act and the Multi-Family Building Act, the pertinent kindergarten building among welfare facilities is excluded from “multi-family housing” under Article 43(1) of the Housing Act, so it should be deemed that Article 45 of the Housing Act concerning management expenses is not applicable as it is excluded from the application of the Housing Act. 2) Meanwhile, even if Article 43(1) of the Housing Act provides that “facilities sold to the general public among welfare facilities shall be excluded from the management object of multi-family housing management,” the council of occupants’ representatives and the owners of welfare facilities may impose management expenses if the council of occupants’ representatives agrees to manage the welfare facilities and collect kindergarten management expenses (see, e.g., Supreme Court Decisions 97Da5014, Apr. 14, 198; 2015Da1754, Apr. 13, 2012).

arrow