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(영문) 수원지방법원안산지원 2019.01.10 2018가합43

관리단 회계장부 등 등사 및 회계감사

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1. The part regarding Defendant C management body among the instant lawsuit is dismissed.

2. The plaintiff's defendant B Co., Ltd.

Reasons

1. Basic facts

A. A building C (hereinafter “instant building”) consists of 70 households (a total sum of 1,613.67 square meters) consisting of 51 rooms on the commercial floor from 2nd to 4th floor above ground (a total of 7,831.08 square meters) and 19 units of apartment floors (a total of 1,613.67 square meters) from 5th to 8th floor above ground, which consist of 70 households (a total of 9,44.75 square meters).

B. The Plaintiff is the co-owner of the common utility duct F of the instant building and the co-owner of the underground G, H, I through J.

C. On July 13, 2015, the general assembly of the Defendant C management body (hereinafter “Defendant C management body”) was held, and the general assembly passed a resolution to appoint Q as the president of the Defendant C management body on the following matters: (a) the members of the instant building K, L, and E, a sectional owner; and (b) the director as the vice president (one vice president of the money branch was left as a public seat); (c) the general director, P; and (d) the auditor.

D, S, T, and U, the commercial part of the building of this case, filed a lawsuit seeking confirmation of the invalidity of the resolution by the Suwon District Court in relation to the resolution of the general meeting of the above paragraph (3) against the Defendant management body as the president of the Defendant management body, and the specific order of the judgment in favor of the said court is as follows.

On July 13, 2015, the Defendant received a resolution on the attached list (the appointment of a manager, vice-chairperson, general secretary, appointment of auditor, C/L) from the general meeting on November 27, 2015, and the resolution on the enactment of management rules at the general meeting on November 27, 2015, and the said judgment on May 31, 2018 became final and conclusive.

E. On February 27, 2016, Defendant B Co., Ltd. (hereinafter “Defendant B”) concluded a contract for management of building facilities (hereinafter “instant service contract”) with the content that it entrusts management, such as managing machinery, electric facilities and ancillary facilities of the instant building.