부당이득금반환 등
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. On March 20, 2014, the Defendant is a management company that entered into a management service contract with the Atel occupants’ representative meeting, the management body of Atel in Gwangjin-gu Seoul Special Metropolitan City (an aggregate building consisting of 111 sections for exclusive use) by setting the service period as of March 20, 2015 and managed Atel.
B. On July 26, 2016, B published a notice of convening a general meeting to the sectional owners of Atel, on August 10, 2016, B held a general meeting of the Atel management body and elected B to the management chairperson.
On November 26, 2016, the Atel management body entered into an electricity use contract with the Korea Electric Power Corporation for officetels.
C. On January 2, 2017, Atel management body entered into a management service agreement with the Plaintiff for officetels, and the Plaintiff entered into an electric use agreement with the Korea Electric Power Corporation on March 26, 2017.
On August 10, 2016, the Seoul Eastern District Court 2016Kahap109602, which was a sectional owner of Atel, filed a lawsuit against Atel-based management body claiming revocation of the resolution of the general meeting of management body on August 10, 2016, and the above court rendered a judgment that the resolution of the general meeting of management body was revoked on the ground that it failed to meet the quorum on October 19, 2017, and the above judgment became final and conclusive.
E. On October 28, 2017, B publicly announced the convening of the general assembly on November 10, 2017 to sectional owners holding Atels, and the management rules were enacted at the general meeting of the management body on November 10, 2017, and the resolution was passed to appoint B, etc. as management directors.
F. On November 19, 2018, the Seoul Eastern District Court 2018Gahap228, filed a lawsuit against the Atel management body to revoke the resolution of the general meeting of the management body on November 10, 2017, and the above court rendered a decision to revoke the approval of the management rules among the general meeting of the management body on November 10, 2017 and the decision to revoke the appointment of the management body executive officer. The above decision became final and conclusive.