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(영문) 서울동부지방법원 2015.10.02 2015가합1459
열람 및 등사
Text

1. The Defendants are listed in the separate sheet No. 1 for 30 days except for legal holidays from the date this judgment became final and conclusive.

Reasons

1. Facts of recognition;

A. The Plaintiffs are sectional owners of G commercial buildings located on the ground of the Songpa-gu Seoul Metropolitan Government 40 lots (hereinafter “instant commercial buildings”).

Defendant D Management Body (hereinafter “Defendant D Management Body”) is the management body of the instant commercial building established pursuant to Article 23 of the Act on Ownership and Management of Condominium Buildings (hereinafter “Aggregate Buildings Act”).

Defendant E is the manager of the commercial building of this case appointed in accordance with Article 24 of the Aggregate Buildings Act.

B. On December 30, 2009, Defendant Management Body prepared a MOU for the saleroom occupants of Ireland, Inc. (hereinafter “Weland”) and New Zealand, and decided to amend the Management Rules to attract large lessees to the instant commercial building on January 25, 2010.

C. From February 2010, Defendant management body publicly notified the fact of preparing a memorandum of understanding and the need to amend the management rules, and received written consent (No. B. 1; hereinafter “instant written consent”) on the modification of the management rules and the section for common use from the sectional owners of the instant commercial building, and publicly announced the amended management rules on April 30, 2010.

The commercial building of this case consists of a field hall, a fashion hall, a ice museum, and a park hall.

E. Of the management rules of the Aggregate Buildings Act and the commercial building of this case, the contents of this case are as follows.

[2] Article 30 (Keeping and Perusal of Code) (1) of the Aggregate Buildings Act must be kept by one of the managers, sectional owners, or their agents who use the building.

(3) Interested parties may request a person who keeps regulations pursuant to paragraph (1) to peruse such regulations or to issue a certified copy thereof at their own expense.

Article 41 (Resolution, etc. in Writing or by Electronic Means) (1) regarding matters that shall be resolved at the managing body's meeting in accordance with this Act or regulations, not less than 4/5 of sectional owners shall be adopted.

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