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(영문) 서울동부지방법원 2018.01.31 2017가합1729

관리업무집행금지

Text

1. The plaintiff's lawsuit against the defendant C shall be dismissed.

2. The plaintiff's claim against the defendant B apartment council of occupants.

Reasons

1. Basic facts

A. The Gangdong-gu Seoul Metropolitan Government B building (hereinafter “instant building”) was built on October 2004 on the third underground floor along with the apartment and commercial buildings, and the 15th main complex building on the ground.

( Apartments: 3-15 stories above ground, commercial buildings: 1-2 stories above ground, and underground parking lots are jointly used).

The defendant B apartment council of occupants' representatives (hereinafter referred to as the "Defendant's representative council") is an autonomous deliberative body comprised of representatives of occupants, etc. under the Multi-Family Housing Management Act for the management of apartment parts among the instant buildings.

Defendant C served as the head of the management office of the above apartment from November 1, 2012.

The plaintiff is an occupant of 1021 apartment among the buildings in this case.

C. As to the portion of the instant building, the part which is obviously provided for the owners of the commercial buildings among the common areas of the instant building under the Act on Ownership and Management of Condominium Buildings (hereinafter referred to as the "Act on Ownership and Management of Condominium Buildings") composed of sectional owners through the enactment of the management rules for the commercial building on August 1, 2016 is deemed to have the nature of the management body for the partial common areas under Article 23(2) of the Act

This was established, and the commercial manager was appointed.

The council of occupants' representatives (the defendant's council) (the council of occupants' representatives) under Article 99 of the Management Rules on Apartment Buildings (Amended by Presidential Decree No. 2016, Dec. 9, 2016) shall determine the following matters, etc. that have mutual interests, such as the replacement and repair of major facilities of the main building B (the building in this case) and the replacement and repair of the main facilities of the building B, all sectional owners or the occupants of commercial buildings, etc., jointly with the

1. Operation of the integrated management office;

2. Business affairs which make it impossible to distinguish apartments from commercial buildings;

3. Preferential or reasonable business to jointly handle the same business.

4. Affairs that shall be jointly handled for safety management, such as fire-fighting and disaster prevention.

5. common;