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1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are all dismissed.
2. Of the costs of lawsuit.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
In fact, the Plaintiff’s status as the parties concerned is a management body comprised of all sectional owners of the buildings indicated in the attached Form (hereinafter “instant commercial building”) pursuant to the Act on the Ownership and Management of Aggregate Buildings (hereinafter “Aggregate Buildings Act”). Since November 2003, the instant commercial building has been completed, it has been performing the management affairs of the instant commercial building including the imposition and collection of management expenses of the instant commercial building from November 2003.
The Defendant Operational Association obtained consent from at least 2/3 of the shop occupants of the instant commercial building with respect to the establishment of the corporation around January 2009, and obtained permission for the establishment of the corporation from the Daejeon Metropolitan City Mayor on June 29, 2009, and completed the registration of establishment of the corporation under the Civil Act on May 21, 2012, and there was no person who directly manages at least 1/2 of the area of the instant commercial building at the time.
On the other hand, on July 20, 2004, the Defendant Operation Committee, from the head of Seo-gu Daejeon Metropolitan City, changed the superstore establishment registration certificate under the Distribution Industry Development Act and the representative on February 25, 2005 to H, respectively, issued the same registration certificate. On June 21, 2012, the Defendant Operation Committee completed the registration of changing the name of the superstore operator from I to J by designating the name of the operator as the “B Operation Committee.”
Defendant C, D, and E are directors of the Defendant Operation Committee, and Defendant F is members of the Defendant Operation Committee.
Plaintiff
On July 16, 2012, the Plaintiff management body filed an application for provisional injunction against obstruction of business against the Defendant management body against the Defendant management body for provisional injunction against obstruction of business filed by the Plaintiff management body against the Defendant management body, the management body filed an application for provisional injunction against obstruction of business ( Daejeon District Court 2012Kahap774) against the Defendant management body on the ground that “the Plaintiff management body has the right to manage the instant commercial building as a management body under the Aggregate Buildings Act.”
In the above case, the court held on September 5, 2012 only that the creditor (the plaintiff management body) is the creditor who is the management body under the Aggregate Buildings Act.