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1. Revocation of the first instance judgment.
2. The manager of the business and commercial facilities of the Yeonsu-gu Incheon Metropolitan City C building.
Reasons
1. Basic facts
A. The party-related Yeonsu-gu Incheon Building C (hereinafter “the instant condominium”) consists of 1,596 apartment units, 1,058 households for officetels 1,058 (A-F Dong) and 295 households for commercial buildings (G Dong-dong, H Dong).
Plaintiff
A is a sectional owner of the instant condominium No. 113-115, Dong 113-15, and Plaintiff B is a sectional owner of Ep (F) Dong 1001 (office).
Plaintiff
The registration of transfer of ownership is completed in the future with respect to the Corporation YY Nos. 128 and 129 (G), and the National Federation of Fisheries Cooperatives on March 29, 2013.
B. Of the instant condominiums, apartment buildings among the instant condominiums are being managed separately from around 2010, and officetels (business facilities) and commercial buildings (a combination of officetels and commercial buildings; hereinafter “instant officetels, etc.”) have separate management rules; however, there have been difficulties in separate management by organizing an integrated management committee and managing it in accordance with the business facility management rules.
As such, the Defendant is an integrated steering committee composed of representatives of each building of the instant officetels, etc. for the integrated management of business facilities and commercial facilities.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 4, Eul evidence 1 (including additional number), the purport of the whole pleadings
2. According to the Act on the Ownership and Management of Aggregate Buildings (hereinafter referred to as the “Aggregate Buildings Act”), where there are several buildings in one aggregate housing area and the land or annex facilities in that aggregate housing area belong to the co-ownership of the owners of that building, these owners may form a management body of the aggregate housing area to manage the land or annex facilities in that aggregate housing area, convene a meeting, establish regulations and appoint a manager as provided for in that Act (Article 51(1) and (1).