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(영문) 서울남부지방법원 2017.03.23 2016가합110919

명의변경절차이행

Text

1. Of the instant lawsuits, the part concerning the request for the performance of the procedure for change of the name of the representative shall be dismissed.

2. The defendant.

Reasons

1. Basic facts

A. 1) The Plaintiff and the Defendant are shop C located in Gangseo-gu Seoul Metropolitan Government D (hereinafter “instant shop”).

(2) The instant commercial building is divided into 56 stores in total, and the total area of the section for exclusive use, which is the object of each sectional ownership, is 5,081 square meters (1537.086 square meters).

B. 1) On March 3, 2016, the management body C, an organization composed of the sectional owners of the instant commercial building, applied for a provisional disposition seeking suspension of the performance of duties and appointment of an acting director as Seoul Southern District Court 2016Kahap59 against the Plaintiff by asserting that the resolution for election of the operating committee members and the president of the instant commercial building was null and void, and that on May 19, 2016, the said management body applied for a provisional disposition seeking a suspension of duties and appointment of an acting director on the ground that Article 43 of the management rules, which was the basis for selecting the Plaintiff as the operating committee members and the president, were invalid on November 13, 2015. < Amended by Presidential Decree No. 27517, Mar. 7, 2016>

(3) On June 15, 2016, the above court made a decision on the application for the appointment of an acting director, but the plaintiff resigned from office as the head of the operating committee, and on June 15, 2016, appointed the defendant as the head of the operating committee with the consent of the plaintiff, the defendant, and the F, and then appointed the management committee of the commercial building of this case as the head of the Gangwon Tax Office (the identification number: H; hereinafter referred to as "the identification number of this case").

(C) The name of the representative was corrected as the defendant. (1) The number of sectional owners holding 30 of the 56 sections of the instant commercial building is 27. < Amended by Presidential Decree No. 27579, Jun. 2016>