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(영문) 서울북부지방법원 2017.01.18 2015가합2526
건물명도 등
Text

1. The defendant shall be the plaintiff.

(a) 4 2,542.77 square meters underground, 2,542.77 square meters underground, and underground, of real estate listed in the attached list.

Reasons

1. Basic facts

A. The Plaintiff’s status 1) A (hereinafter “instant building”)

2) According to Article 23 of the Act on the Ownership and Management of Aggregate Buildings (hereinafter “Act on the Ownership and Management of Aggregate Buildings”), the Plaintiff is a management body organized for the purpose of implementing the instant building and the project on the management of the site and its attached facilities by making all sectional owners of the instant building as part of the building and the instant building as part of the instant sectional owners pursuant to Article 23 of the Act on the Ownership and Management of Aggregate Buildings.

B. The Defendant’s parking lot business 1) On April 6, 2011, between E and E, in which the Defendant was carrying out related duties as the representative of the Plaintiff, the Defendant’s parking lot located on three underground floors (excluding apartment 28 units) of the instant building from the Plaintiff, four underground floors or six underground floors (hereinafter “instant parking lot”).

) A lease agreement with the effect that the lease deposit shall be KRW 300,000,000, monthly rent of KRW 3,000,000, and the lease term shall be set as five years from May 6, 201 to five years (hereinafter “instant lease agreement”).

(2) The Defendant, upon delivery of the instant parking lot around May 6, 201, is running the parking lot business by occupying the fourth or sixth underground floors of the instant parking lot (hereinafter “the instant parking lot occupation part”) and operating the parking lot.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion E entered into a lease agreement with the defendant while taking advantage of the fact that the plaintiff was not legally appointed as the manager pursuant to Articles 24 (2) and 38 (1) of the Aggregate Buildings Act. The act of leasing the parking lot in this case constitutes the management of common areas, and thus, the majority of sectional ownership and the voting rights at the managing body's meeting.

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