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(영문) 수원지방법원성남지원 2014.01.28 2013가합351

건물인도 등

Text

1. All of the lawsuits against the Defendants by the Plaintiff A management body are dismissed.

2. The plaintiff B's defendant A shop excluding the defendant A shop .

Reasons

1. According to the overall purport of statements and arguments by Gap evidence Nos. 1 through 4 and 11 (including virtual numbers), real estate listed in the separate sheet Nos. 1 is a commercial building in the name of "A" (hereinafter "the commercial building in this case"). The real estate listed in the separate sheet Nos. 1 is a commercial building in the name of "A", and there has been disputes over the right to manage the commercial building between sectional owners and shop occupants. ② The plaintiff Eul is in the position of sectional owners, and the defendant C was in the position of the shop in braille, and there was a long-term confrontation relationship between the plaintiff Eul and the defendant C in order to have the right to manage the commercial building in this case. ③ The legitimate management authority based on the Act on the Ownership and Management of Aggregate Buildings (hereinafter "the plaintiff management body") is the plaintiff management body A (hereinafter "the plaintiff management body"), and the defendant Gap evidence A et al. (hereinafter "the defendant's association's management body" and the defendant Eul's executive office or employee's manager's manager's manager's title, etc. (hereinafter "the defendant 1 and employee's office" in this case No.

2. The Defendants’ legitimacy of the lawsuit against the Defendants by the Plaintiff A management body is not the legitimate representative of the Plaintiff management body, and the lawsuit against the Defendants by the Plaintiff management body against the Defendants is unlawful.

The written evidence Nos. 1, 4, 6, 12 through 16 can only be written by the plaintiff B.