(영문) 대구지방법원김천지원 2019.07.26 2018가합353

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(영문) 대구지방법원김천지원 2019.07.26 2018가합353

손해배상(기)

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a co-owner of the unit Nos. 3, 4, 5th floor Nos. 4, 4, 4, 5th floor No. 4, 4, 5th unit Nos. 4, 5, 5, e, f, g, and H (hereinafter collectively referred to as “instant church building”). The Defendant is a management body composed of sectional owners of the instant building pursuant to the Act on Ownership

B. In the instant building, two elevators (one set and two set) are installed.

On March 3, 2008, the Defendant discontinued the operation of the elevator 1, and suspended the operation of the elevator 2 on May 13, 2012, and completely suspended the operation of the elevator 2 on September 24, 2012.

C. On May 18, 2018, the Plaintiff filed a lawsuit against the Defendant (2017Gahap349) seeking operation of two elevator units of the instant building (2017Gahap349) (hereinafter “the instant judgment”) with the Defendant, and the said judgment became final and conclusive around that time.

The defendant does not operate two elevators (one and two equipments) until the closing date of the pleadings in this case.

E. The main contents of the Defendant’s management rules pertaining to this case are as follows.

Article 6 (Reversion of Building Site and Section for Common Use) (1) Of the objects subject to management, the building site and annex facilities and the section for common use shall be jointly owned by all sectional owners

Article 13 (Use of Building Site and Section for Common Use) The sectional owners, etc. shall use the building site and section for common use according to their usage, and shall not interfere with the use of other sectional owners,

Article 19 (Management of Building Sites and Section for Common Use) (1) The management of building sites and section for common use shall be borne by the responsibility of the Steering Committee

Article 26 (Authority of Operating Committee) (1) The Operating Committee shall perform the following affairs:

6. The fact that there is no dispute over the management of the building site and section for common use, etc. under Article 19, A.

참조조문

-집합건물의 소유 및 관리에 관한 법률

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