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(영문) 서울고등법원 2017.11.08 2017나2026667

집행문부여에 대한 이의

Text

1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of lawsuit shall be borne by each person;

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Plaintiff, along with D, performed the joint management of the 4 underground and 11th floor building located in Yeongdeungpo-gu Seoul Metropolitan Government (hereinafter “instant building”) and the 2012

5. 15. A management body consisting of all sectional owners for the management of the instant building in accordance with the Act on Ownership and Management of Condominium Buildings, which is disputing the validity of a resolution of dismissal and the ownership of management rights after dismissal from the management body by a resolution of dismissal on 15.

B. On July 2, 2014, the Defendant filed a provisional injunction against obstruction of business with the Seoul Southern District Court 2014Kahap246 (hereinafter “instant decision”) with the Plaintiff as the respondent, and the said court rendered a decision as follows (hereinafter “instant decision”). The instant decision was served on the Plaintiff around July 7, 2014.

[Disposition]

1. The Plaintiff shall not engage in any act listed in the separate sheet.

2. The execution officer shall publicly announce the purport of the said order in the proper manner.

3. In a case where the plaintiff violates the order under paragraph (1), he shall pay to the defendant two million won per day of the violation.

(hereinafter referred to as "attached List")

1. Demanding and collecting monthly management expenses from the occupants of the building in this case;

2. Claiming and collecting monthly electric power rates and water rates from the occupants of the instant building;

7. The act of preserving, managing and altering the section for common use of the building of this case (hereinafter the omission);

C. Although the Plaintiff filed an objection against the instant decision, the Seoul Southern District Court authorized the said decision on November 7, 2014 (2014Kahap313). The Plaintiff appealed to the Seoul High Court on the ground that “the lessee does not receive management expenses, electricity charges, etc. from the lessee,” and the said court on March 25, 2015 did not impose the electric charges and water charges of the instant building on each unit, not on each unit.