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(영문) 부산지방법원 동부지원 2018.08.30 2017가단220869
건물명도(인도)
Text

1. The Defendant indicated the attached drawings on the 11st floor of the building A located in Busan Shipping Daegu C, and C, of the Plaintiff.

Reasons

(c) Matters among sectional owners regarding the management or the use of sites and annex facilities which are not provided for in this Act, may be determined by regulations;

Article 37 (Voting Rights of Each sectional owner) (1) Except as otherwise provided for in the regulations, the ratio of shares provided for in Article 12 shall govern.

Article 38 (Methods of Resolution) (1) Decision of the management body meeting shall be adopted by the majority of sectional owners and the majority of voting rights, unless otherwise prescribed by this Act or regulations.

(2) Voting rights may be exercised in writing or by electronic means (referring to an electronic data processing system or by other means prescribed by Presidential Decree, using information and communications technology; hereinafter the same shall apply), or through an agent.

Article 7 (Organization and Duties) of the Management Rules of the Building of this case

1. The composition and authority of the management body shall be as follows:

(1) Manager: The managing body shall represent the managing body and execute its affairs.

* The Manager shall be appointed, appointed and reappointed from among sectional owners or shop occupants.

3. The decision on the agenda at the time of a meeting may be made with the consent of a majority of the participants present at the meeting and its effect shall take effect; and

The majority here is the equity ratio (sale area), that is, the 1,061.183 square meters (3,508.06 square meters) and the 3,508.06 square meters may be determined ex officio by the custodian if there are the same number of concurrent votes and objections.

The scope of the section for exclusive use under Article 10 shall be as follows:

1. The scope of the section for exclusive use is the part which is the object of sectional ownership, and is surrounded by fireproof walls (excluding the part which is not the eavesd part), air conditioners, ceilings and floors;

Provided, That the structure of independent poles, brick poles, etc. shall be excluded, the entrance part shall not exceed the outer extension line of the wall, and the opening part shall not exceed the inner side of the window.

Article 11 (Section for Common Use) The following shall be the section for common use:

1. Site shares: Busan Shipping Daegu E 463.20 square meters; and

2. The meaning as a part of a building;

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