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(영문) 대전지방법원 2016.01.13 2015가합103054
관리규약개정안무효의소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the respective entries in Gap evidence 2 to 9 (including each number in the case where there are serial numbers) and the whole purport of pleadings:

On June 2004, Han Island Co., Ltd. and Ep&S Co., Ltd., as a specialized shopping mall, with 70 stores on each of the first and second floors, sold the sales contract clearly stating the restriction on the type of business engaged in the business, only for the designated types of business by each store. Plaintiff A and Plaintiff B were designated as the sports goods store of 2th floor and 61th floor.

On the other hand, if the divided ownership of the building is established, the defendant has a management body established for the purpose of the management of the building, its site and its accessory facilities with all sectional owners as its members, if the divided ownership of the building is established.

The management body of the commercial building of this case established by the Corporation is the management body of the commercial building of this case consisting of sectional owners.

B. Article 11 of the Management Rules of the Commercial Building of this case, enacted around September 14, 2004, uses the section for exclusive use as the designated purpose, type of business, and item at the time of sale, and if the owner wishes to change items or handling brand, he/she shall obtain approval from the representative committee of the defendant. The change of designated type of business is possible by a resolution of at least 3/4 of the incumbent members of the defendant representative committee, but the relevant sectional owner's consent should be required to change the designated type of business (hereinafter "the above provision") and Article 20 of the Management Rules provides that the establishment, amendment, or abolition of the regulations shall be approved by at least 3/4 of sectional owners and voting rights at the meeting of the management committee.

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