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(영문) 서울중앙지방법원 2014.12.05 2013나53983

용역비

Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Seoul Jongno-gu Seoul Metropolitan Government, D, E, F, and G ground A shopping apartment (hereinafter “the instant aggregate building”) which are one of the aggregate buildings under the Act on Ownership and Management of Condominium Buildings (hereinafter “the Condominium Buildings Act”) consists of 52 commercial buildings and 110 apartment houses of 4 to 8 stories on the first and third floors.

B. The instant aggregate building, due to the conflict between the divided owners and the divided owners of apartment buildings, was managed by the “Ameri Self-Governing Council” consisting of the divided owners of the commercial buildings, and the apartment was managed by the “Ameri Apartment Apartment Management Council” consisting of the divided owners of apartment buildings or the “AA

C.1) Of the instant condominiums, 51 commercial tenants, including H, filed a lawsuit seeking compensation for damages arising from excessive collection of management expenses (Seoul Northern District Court 2005Gahap7768) against the Ard apartment management association, the Ard apartment management association, and the Ard apartment autonomous association (Seoul Northern District Court 2005Gahap768). However, on June 29, 2006, the dismissal judgment was pronounced (H was the representative of the A upper apartment management association at the time, and did not file a lawsuit against the said management association.

2) At the appellate court (Seoul High Court 2006Na67543) on May 8, 2007, the following adjustment was concluded.

1. A shopping district council, A shopping apartment management council, and A apartment autonomous council shall organize a management body composed of sectional owners of the building in this case, and the existing management body shall be dissolved at the same time as the above management body is organized;

2. The newly organized managing body shall have specific entities from the date of the inaugural general meeting and shall hold the inaugural general meeting by July 10, 2007.

3. The organization of the above management body and the inaugural general meeting shall be organized, but I, the representative of the Amera Self-Governing Council, and H, the representative of the Amera apartment management council, shall be co-chairpersons of the above preparatory committee, the co-chairpersons shall appoint two preparatory committee members, and the co-chairpersons shall be all the preparatory committee members appointed as above.