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(영문) 서울중앙지방법원 2013.08.22 2012가합93508
관리인 해임
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the purport of Gap evidence 1-1, 2, and 3 and all arguments:

The Plaintiff is a co-owner of the building located in Jung-gu Seoul Metropolitan Government and three lots of land (hereinafter referred to as the “instant commercial building”). The instant commercial building consists of public facilities, such as parking lots, from the 7th underground to the 3rd underground floors, divided stores from the 2nd underground to the 9th underground floors, and partitioned stores from the 10th ground to the 20th underground floors (business facilities).

B. Defendant B, as the sectional owner of the sixth floor of the instant commercial building, was appointed at the management body meeting on February 28, 201 as the manager of Defendant C management body (hereinafter “Defendant C management body”), and was managing the instant commercial building until now.

2. The plaintiff's assertion that the defendant B committed an unlawful act or a violation of the duty of care as follows. Thus, the defendant B should be dismissed from the administrator of the defendant management body pursuant to Article 24 (3) of the Act on Ownership and Management of Condominium Buildings (hereinafter "the Aggregate Buildings Act").

Article 26 (1) of the Act on the Ownership and Management of Aggregate Buildings, which violates the duty to report, provides that the manager shall report the affairs to the sectional owner once a year at a fixed period of time, but the defendant B did not perform the duty to report even upon the request of the plaintiff for disclosure of the accounting statement in 201

B. Defendant B, who unlawfully consumed parking lot earnings, did not allocate approximately KRW 1.1 billion of the parking lot earnings accrued each month from May 2010 to November 201, and used them for other purposes without allocating a share of KRW 1.1 billion.

C. Defendant B, who did not refund management fees illegally collected, interfered with the management body’s business and interfered with the management body’s duties, by organizing an emergency response committee around December 2008, and occupying commercial buildings by sending a notice containing various false facts to the management body from around December 26, 2008 to February 2009, including sending such notice to the sectional owners and by mobilization of violent violence.

In addition, Defendant B is the above.

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