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(영문) 서울고등법원 2015.12.18 2015나2018945

관리인지위확인

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Facts of recognition;

A. The status of the parties is the operator of the new condominium building sales business listed in the attached list (hereinafter “instant condominium building”).

In addition, the defendant is a management body composed of sectional owners of the commercial building of this case in accordance with the Act on the Ownership and Management of Aggregate Buildings (hereinafter referred to as the "Aggregate Buildings Act").

B. From May 2003, the Plaintiff concluded a sales contract and a trust contract for the instant commercial building (hereinafter “instant sales contract”) with the buyer from May 1, 2003.

The sales contract of this case was concluded. Article 11 of the sales contract of this case provides that "the management of the commercial building after entry shall be in charge of a management corporation with legitimate qualifications in accordance with the relevant statutes. The seller shall faithfully observe the management regulations established by the management corporation and shall pay management expenses: Provided, That the plaintiff shall act on behalf of the plaintiff until the establishment of the management corporation." (2) Meanwhile, on May 12, 2005, the transfer of the division registration of the commercial building of this case to the Korea Land Trust Co., Ltd. (hereinafter "Korea Land Trust") and the real estate security trust contract for the commercial building of this case (hereinafter "the trust contract of this case") was concluded on May 13, 2005 and completed the registration of ownership transfer in the future of the Korea Land Trust." Article 9 (1) of the trust contract of this case provides that "the plaintiff shall continue to possess and use the real estate in fact, and bear all expenses incurred in the actual management of the real estate, such as preservation, repair, etc. of the trust property."

C. 1) The Defendant held the general meeting of this case on September 11, 2005 (hereinafter “instant general meeting”).

The minutes of the General Assembly (No. 9-2, hereinafter “the minutes of this case”) submitted by the Plaintiff were held.

“The sales of this case’s commercial building’s total floor area of 10,330.23, 9,207.04, 2068.22/7,138.82 and the total floor area of the commercial building’s 10,330.23.