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(영문) 서울북부지방법원 2017.08.17 2016가합22695

업무방해금지 청구의 소

Text

1. The Defendants shall not commit each act listed in the separate sheet No. 1.

2. Each defendant violates paragraph 1.

Reasons

Basic Facts

The plaintiff as a party is a management body established for the purpose of implementing the project on the management of the building of this case and its site and its accessory facilities by consisting of all sectional owners of the buildings listed in the attached Table 2 (hereinafter referred to as the "instant building") pursuant to the Act on the Ownership and Management of Aggregate Buildings (hereinafter referred to as the "Aggregate Buildings Act").

Defendant B is a person appointed at the management body meeting of August 19, 2010 as a manager for a term of two years.

On July 1, 2010, prior to the appointment of administrator, Defendant B entered into a management contract between the Defendants and Defendant C Co., Ltd. (hereinafter “Defendant C”) with respect to the instant building as follows:

(hereinafter “instant 1 management contract”). Article 2 (Subject Matter of Management) of the General Management Contract for Building shall be entrusted to Defendant C with the overall management of the instant building.

In addition, the right to manage and operate a building is entirely owned by the defendant C, and the plaintiff does not participate in the business administration.

Article 3 (Scope of Business Affairs) Defendant C shall perform the following duties with respect to the part under each management contract under Article 2 (hereinafter referred to as "management part"):

In addition, the management expenses shall be raised as follows:

Provided, That in principle, the lease contract shall be concluded between a sectional owner and a tenant under the arbitration of Defendant C, and the lease deposit shall be deposited into the designated account of the sectional owner.

If the location or consent of a sectional owner is not identified, it shall be deposited directly into the designated account in consultation between the plaintiff and the defendant C.

1. The expenditure of management expenses shall include all the expenses necessary for the operation and management of the building for special management including personnel expenses, power expenses, heating and cooling expenses, telephone expenses, repair of defects, etc. necessary for the revitalization of the building;

2. The management expenses are the defendant C.