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(영문) 서울중앙지방법원 2017.02.02 2016나42939
관리비
Text

1. Revocation of the first instance judgment.

2. The instant lawsuit shall be dismissed.

3. The total cost of the lawsuit is indicated as the Plaintiff’s representative.

Reasons

1. In this case, the plaintiff, a management body of the A Condominium Building in Gangnam-gu Seoul Metropolitan Government, claimed management expenses against the defendant, who is a sectional owner under the 115th unit of the above aggregate building, the defendant raised a defense that C is not the plaintiff's representative.

Unless there is any evidence that C was appointed as the Plaintiff’s representative due to the resolution of the general meeting of the owners of the above aggregate building, the instant lawsuit filed by the Plaintiff managing body by a person who has no power of representation is unlawful.

2. Thus, the lawsuit of this case is dismissed as unlawful, and the conclusion of the judgment of the court of first instance is unfair, and the lawsuit of this case is dismissed, and it is so decided as per Disposition.

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