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1.On a request for change in exchange at the time of the trial,
A. Busan Dong-gu C Building B located in Busan Dong-gu 202 and the Plaintiff.
Reasons
1. cite the corresponding part of the judgment of the first instance pursuant to the main sentence of Article 420 of the Civil Procedure Act;
2. The judgment and conclusion of this Court = Article 10-2(1) of the Management Rules prohibiting the Defendant from interfering with the business of selling medical appliances merely designates the business type of the section for exclusive use as seen earlier, and it is difficult to interpret that the above provision prohibits the business type different from that specified in the rules.
This is because, if Article 10-2 (1) is viewed as a provision prohibiting any business other than the business type designated in the above provision, Paragraph (2) which provides that "the next-order shop occupants shall prohibit any saleroom occupants of the same type of business under paragraph (1)" can operate in a type different from the designated type of business under Article 10-2 (1), but in such a case, it is natural to interpret the system that Paragraph (2) is provided in order to prohibit any saleroom occupants of the same type of business in order to guarantee the rights of the existing divided owners.
In addition, Article 10-2(1) of the Management Rules does not stipulate the medical device distribution business that the Plaintiff runs or intends to run as the designated type of business, and there is no evidence to deem that there exist other sectional owners who operate the medical device distribution business in the building of this case. Thus, the Plaintiff is entitled to engage in the medical device distribution business under Articles 202 and 203 of the Building of this case, and as long as the Defendant contests this, there is a benefit to seek confirmation, and the Plaintiff is not allowed to obstruct the Defendant from engaging in the medical device distribution business under subparagraphs 202 and 203 of the Building of this case.
If so, the plaintiff's claim for the trial is justified and accepted.