logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원안양지원 2017.09.21 2016가합102424
주차장영업금지 등
Text

1. The defendant is engaged in the management and business activities of the E-building parking lot in Ansan-si, the Gu, or the above.

Reasons

1. Facts of recognition;

A. The E-building located in Ansan-si D (hereinafter “instant building”) is a complex building of the 1st underground and the 13th underground floors. The 2nd underground floors from the 1st underground to the 2nd underground floors are commercial buildings, etc., and the 3th and 10th underground floors are parking lots (hereinafter “instant parking lots”) and the 11th and 13th underground floors are composed of neighborhood living facilities. The Plaintiffs and the Defendant are divided owners of some commercial buildings from the 1st underground to the 2nd underground floors.

B. Around May 7, 2013, Defendant, F, and G (hereinafter collectively referred to as “Defendant, etc.”) registered the business with the name of “E management body” as the joint representative, including the Defendant, etc., and collected parking fees by occupying the instant parking lot from around that time.

In the building ledger of the building of this case, the parking lot of this case is common use area.

C. On the other hand, on August 11, 2014, the Court rendered a provisional disposition order that suspends the performance of duties as the representative of the E-management body until the judgment on the case for confirmation of non-existence of status as the manager of the E-management body became final and conclusive. On the other hand, the Defendant et al. filed a lawsuit seeking confirmation of invalidity of the resolution that appointed the E-management body as the executive officer of the E-management body on August 21, 2014.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2, 3, 5, Eul evidence No. 1 (including branch numbers) and the purport of the whole pleadings

2. In the case of the instant building and the same aggregate building as the instant building, a management body, the purpose of which is to carry out a project relating to the management of building, site and attached facilities, consisting of all sectional owners pursuant to the Act on Ownership and Management of Aggregate Buildings (hereinafter “the Aggregate Buildings Act”), is naturally established (Article 23(1) of the Aggregate Buildings Act). The matters concerning the management of the same section for common use as the instant parking lot, such as the instant parking lot, are

arrow