관리행위방해금지 등
1. The principal suit against the Defendant (Counterclaim Defendant) is dismissed.
2...
The principal lawsuit and counterclaim shall be judged together.
1. Basic facts
A. Atel in the attached Table 1 list located in Seongbuk-gu, Sungnam-si (hereinafter “the instant officetel”) is an aggregate building to which the Act on Ownership and Management of Condominium Buildings (hereinafter “the Aggregate Buildings Act”) applies, and the number of sectional owners is 568 persons.
B. On October 8, 2016, the Plaintiff held an extraordinary management body meeting of the instant officetel (hereinafter “instant extraordinary management body meeting”).
At the special meeting of this case, ten executive officers of the operating committee of this case shall be elected, and the chairperson (representative of the management body) of the management committee shall be elected at the separate meeting of executive officers of the management committee, and the controlled entity shall operate the management rules first and the management committee shall be selected through the management committee in the future.
C. On October 11, 2016, the instant officetel’s operating committee was held, as prescribed by the instant special meeting, and C was appointed as the representative of the instant officetel management committee (the president of the steering committee) by the said operating committee.
The Defendant Atel Steering Committee (hereinafter “Defendant Atel Steering Committee”) entered into an entrusted management contract with the Taechid Home Co., Ltd. on May 13, 2015 with respect to the instant officetel, and on November 11, 2015, the Defendant Hanchid Co., Ltd. (hereinafter “Defendant Hanchid”) acquired the said contract, and occupied and managed the instant officetel as shown in the attached Form 2.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 (including a provisional number; hereinafter the same shall apply), the purport of the whole pleadings
2. Summary of the parties' arguments;
A. The plaintiff's assertion is the management body of the instant officetel legally composed under the Aggregate Buildings Act, and C is the manager duly elected in accordance with the resolution of the special general meeting of this case.
The defendant management committee is a management body legally organized under the Aggregate Buildings Act.