관리행위방해금지 등
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The plaintiff's alleged management body of defendant B (hereinafter "the defendant management body") is not a management body formed lawfully since there is no manager appointed lawfully pursuant to the Act on Ownership and Management of Condominium Buildings (hereinafter "the Aggregate Buildings Act").
Ultimately, there was no management body in the attached list 1 (hereinafter “instant commercial building”), and the Plaintiff held an extraordinary general meeting of the management body on October 25, 2017 with the consent of at least 1/5 of the sectional owners of the instant commercial building from at least 177 and elected D as the manager in accordance with the management rules.
The Plaintiff’s management act is interfered with the Plaintiff by continuing the Defendant’s management act, such as the collection of management fees, by continuing the management act by the Defendant’s managing body, which is not a legitimate management body, and the Defendant C, even though it did not conclude a contract with the Plaintiff, illegally occupies the part 46.675 square meters in the 1st floor of the instant building, which is indicated in the separate drawing
2. According to Article 23(1) of the Act on the Ownership and Management of Aggregate Buildings (amended by Act No. 6925, Jul. 18, 2003; Act No. 6925, Apr. 2, 2003, which was enforced as of Apr. 1, 2003), if the relationship of sectional ownership with respect to a building is established, the management body shall be established with all sectional owners as a member of the building and the purpose of the management body for the management of the site and its accessory facilities. Thus, if a building is established not only through organization activity but also through sectional ownership, if there is a building, the management body shall be established with all sectional owners as members of the sectional ownership (Supreme Court Decision 2002Da45284, Dec. 27, 2002). If an organization consisting of sectional owners and meets the purport of Article 23(1) of the same Act, its form or title shall not be included.