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(영문) 부산지방법원 2018.05.03 2017가단311882
건물등철거
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

(1) The Plaintiff is a management body composed of all sectional owners of the building A, a neighborhood living facility with the fourth underground and fifteenth floor above the ground located in Busan Dong-gu, Busan, and the fifteenth floor above the ground (hereinafter “instant aggregate building”).

D around April 1, 2017, it was appointed as the Plaintiff’s administrator.

d. The defendant is the owner of the instant condominium E, and the attached Form among the third floor of the instant condominium without the plaintiff's consent.

2. Part of the lighting wall (hereinafter “instant lighting wall”) which is the section for common use of the instant condominium building, such as drawings, shall be removed, and the land shall be attached thereto.

1. The fire doors as indicated in the list (hereinafter “instant fire doors”) are installed, and this part is used as the entrance doors of the Defendant’s hospital.

Secondly, the Plaintiff’s management rules (hereinafter “management rules”) include the following provisions:

Article 28 (Authority of Managing Body) Managing Body shall perform the following duties:

12. If a sectional owner, etc. commits, against the common interests under Article 31, an act detrimental to the preservation of a building or any other act detrimental to the common interests of the sectional owners, etc. regarding the management and use of the building, the managing body may recommend sectional owners, etc. to take necessary measures and take corrective measures.

[Basis] Facts without dispute, Gap evidence 3, 4, Gap evidence 5-1, Gap evidence 1-1 to 3 photographs, the purport of the whole pleadings

2. The parties' assertion and judgment

A. The gist of the Plaintiff’s assertion 1 is the section for common use belonging to the co-ownership of the sectional owners of the instant condominium building. The Defendant, without the Plaintiff’s consent, installed the entrance at the instant steering wall and used it as the entrance of the hospital operated by himself/herself without permission.

The above act of the defendant is against the wall that falls under common areas of the aggregate building of this case.

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