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(영문) 서울중앙지방법원 2017.09.14 2016가합541890
방해배제 등
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

Basic Facts

The main complex building of Jung-gu Seoul Metropolitan Government (hereinafter referred to as the “instant main complex building”) consists of the six underground floors, the main complex building of the 20th floor above ground, the building from the 1st floor above ground to the 3rd floor above ground, and the apartment housing of 263 households from the 4th to the 20th floor above ground (A Dong, B Dong, and C Dong).

The Plaintiffs are divided owners of commercial buildings, Plaintiff A’s Nos. 314, 315, and 316 of the third floor, Plaintiff B’s 113 shares of the first floor, Plaintiff C’s 322 and 323 of the third floor, Plaintiff D’s 313 of the third floor, Plaintiff E’s 307, 308, and 309 of the third floor, Plaintiff F’s 328 of the third floor, Plaintiff G 317, and 318 of the third floor.

The management rules of the instant multi-family housing building (hereinafter “instant rules”) were enacted around October 2010.

From September 201, the Defendant performed an act of managing the instant main complex building in accordance with the instant regulations.

The instant rules include the following matters.

Article 2 【Scope of Application】 The Rules of this case shall apply to the management and use of apartment buildings and apartment buildings and facilities for exclusive use in Jung-gu H main complex buildings, ancillary facilities and welfare facilities jointly owned by occupants, and their sites and accessories.

§ 3. 【Definition of Terms' used in this Code is defined as follows:

(1) The term “occupant” means the owner of the section for exclusive use of a building which is the object of the sectional ownership in question, or his spouse or lineal ascendant or descendant representing that owner.

(2) The term “user” means a person, other than an occupant, who leases and uses the section for exclusive use of a building.

(3) The term "occupants, etc." means occupants and users.

Article 10 (Rights of Occupants, etc.) The occupants, etc. shall have the following rights in addition to the matters prescribed by the Housing Act and subordinate statutes:

Provided, That the eligibility for election of the representative of each building, the chairperson of each building, and the auditor under subparagraphs 3 and 4 shall be one house for one tenant.

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