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(영문) 서울북부지방법원 2016.08.09 2015나34909
유치권확인 등
Text

1. The plaintiff's appeal is all dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. 1) The building owned by the building and the management body meeting, etc. 1) the W Building, which is the 17th floor above the Seoul Dongdaemun-gu Seoul Dongdaemun-gu V ground (hereinafter “instant building”).

Of the sales facilities, 85 sections are partitioned on the fourth floor, and the remaining Defendants, excluding Defendant T and U, are 23 stores listed in the attached real estate list among the instant buildings (hereinafter “each of the instant stores”).

) The sectional owners of each of the relevant stores (the owners of the stores (No. 417) and the stores (No. 418) listed in paragraph (6) and (7) (No. 418) in the attached Table of Real Estate List have died on September 26, 2014. The heir of the network has the Defendant S, T and U, the wife of the Defendant, T and U, who are the children. As to each of the above stores, on March 19, 2015, the registration of ownership transfer was completed on September 26, 2014 in the future of the Defendant S on March 19, 2015.

[2] Around December 2006, the sectional owners of the instant building, including X, appointed a manager who does not smoothly rent the 1-8th floor, a commercial building after the completion of the instant building, and convened a management body meeting (hereinafter “management body meeting of the instant case”) on August 19, 2010 to discuss the method of operating the commercial building, the method of activation, etc.

3) At the instant management body meeting, X was appointed as a manager. At that time, the management body entered into a management body agreement with the Plaintiff on August 1, 2010, with respect to the result of the instant management body meeting, “the general meeting members: 31,390 square meters, 414 square meters, total number of sectional owners, 18,418.84 square meters, 58.7 square meters, 257, 62.08 square meters,” and “the overall agenda concerning the appointment of a manager, the agenda concerning the operation of buildings, and the revitalization of commercial buildings” (However, the agenda for the enactment of the management body rules will be resolved after the completion of the bylaws after the completion of the quorum).

(hereinafter “instant First Management Contract”).

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