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(영문) 서울중앙지방법원 2018.11.28 2017가단99436
관리비
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Facts of recognition

The plaintiff is a corporation established on October 16, 2015 for the purpose of building management business, etc., and the defendant is an organization consisting of merchants operating in Jung-gu Seoul Metropolitan Government B Building (hereinafter "the building of this case"), which occupies part of the first underground floor.

C (A) On July 25, 2000, the current status of the instant building, Co., Ltd. (C, January 2, 2006, merged and dissolution) completed registration of ownership preservation on the instant building, and on August 12, 2003, divided the instant building into sectioned stores and sold it in lots.

On May 30, 200, C registered the 12th to 5th above ground of the instant building as a superstore under the Distribution Industry Development Act. On February 1, 2007, the founder of the instant building was registered as D Co., Ltd. (hereinafter “D”), and the place of business was changed from 2nd to 7th above ground.

D With the consent of sectional owners on June 25, 2015, the purpose of the building of this case was changed to accommodation facilities, and the purpose of the building of this case was changed to “E” hotel and sold 619 guest rooms from 4 to 17 floors above ground.

On December 4, 2004, representative members shall be appointed at the inaugural general meeting of the management body meeting and the representative members meeting of A (hereinafter referred to as the “management body of this case”) held on December 4, 2004, and the regulations of the management body have been enacted, and the main contents thereof shall

Article 40 (Appointment of Custodians)

1. An appointment shall be made at the meeting of the management body by a resolution of at least a majority of sectional owners and voting rights;

2. The conclusion of a management contract following the appointment of an administrator shall be made by a representative committee and manager;

Article 41 (Dismissal of Manager) If the manager commits an unlawful act or there is any reason not suitable for performing his/her duties, he/she may be dismissed by resolution at the meeting of sectional owners through a resolution of the Representative Committee.

On March 27, 2015, the above representative members resolved to delegate the status of D custodian to F, and on April 24, 2015, the Manager F determined an appropriate management company.

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