집행문부여에 대한 이의의 소
1. The Defendant’s High Government District Court Decision 2017Gahap76534 decided on the case, such as prohibition of obstruction of business against the Plaintiff.
1. Fact-finding;
A. The position of the parties concerned 1) Cmate Management Body (hereinafter “instant Management Body”)
(C) Under the Act on the Ownership and Management of Aggregate Buildings, the term “Cat E” buildings (hereinafter referred to as the “instant buildings”) with two consents located in Ilyang-dong-gu, Ilyang-si and Koyang-si.
(2) The number of stores of the instant building is 297, and the Plaintiff owned 188 stores and served as the chairperson of the instant management body, and the F is the chairperson of the “C Building Building Building Building Building Lease Association” composed of lessees of the instant building.
B. 1) The instant management body of the instant building: (a) the period between the Defendant and the management body of the instant building on April 2, 2015 specified from June 1, 2015 to May 31, 2016; and (b) the instant management agreement on the entrusted management of the building (hereinafter “instant management agreement”).
A) On March 31, 2016, the Plaintiff concluded a contract. On April 1, 2016, the Plaintiff notified the Defendant of the refusal to renew the contract under the name of the instant management body, and the said notification reached the Defendant on April 1, 2016. (2) On September 13, 2016, the Plaintiff established a “Cmapt Management Body” (hereinafter “new management body”) with a new identification number regarding the instant building, and delegated G Co., Ltd. (hereinafter “G”) with the management of the instant building around September 20, 2016.
On September 20, 2016, the Plaintiff opened a new account in the name of “Cmate Management Body A” with H Bank, and notified each store operator of the instant building to the effect that “from September 2016, 2016, the Plaintiff deposited it into a new account.”
3. Accordingly, the Defendant’s new management body is not a legitimate management body of the instant building, but the Defendant is a legitimate entrusted management body. Each store operator shall deposit management expenses in the account in the name of the Defendant only.” The notice was attached in the elevator of the instant building.
C. The decision of provisional disposition between the plaintiff and the defendant and this is related.