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(영문) 서울서부지방법원 2017.05.25 2016가합34007

관리인선임결의취소

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Facts of recognition;

A. An aggregate building in the attached list is a main complex building with five underground floors and fifteen floors above ground (hereinafter “instant building”), and is composed of 61 business facilities and neighborhood living facilities (hereinafter “instant commercial buildings”) from two underground floors to seven floors above ground, and 54 households from eight to fifteen floors above ground (hereinafter “instant apartment”).

B. After the completion of September 16, 1998, the building of this case was managed by the SP security industry, which is a controlled entity selected by Ansung Development Co., Ltd. (hereinafter “SM development”), the owner of the building, and the owner of the building, and the owner of the building of this case. Since November 1999, the apartment residents of this case organized the “B Autonomous Council of Apartments” (hereinafter “the apartment autonomous council of this case”) and began to separately manage the apartment of this case from November 1, 1999.

C. On November 30, 200, the instant commercial building was managed by the Seodaemun Industrial Development Co., Ltd., which entered into a management service development agreement with the Ansan Development. From June 2013, the commercial building was managed by the World Commercial Building Management Body comprised of the sectional owners of the commercial building (hereinafter “instant commercial building Management Body”).

On the other hand, on April 15, 2011, the Plaintiff acquired the ownership of the instant commercial building 306 at an auction procedure, and filed a lawsuit claiming management expenses against the Plaintiff, and the instant commercial building management body filed a counterclaim to confirm that the instant commercial building management body was not in the management body of the instant building, and the Seoul High Court 2014Na2031644 (main office) and 2014Na2031651 (Counterclaim) rendered a judgment that the instant commercial building management body was not in the management body of the instant building, and the said judgment became final and conclusive.

(e) D. D.