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(영문) 인천지방법원부천지원 2015.12.02 2014가단45197
건물명도 등
Text

1. The Defendants are to the Plaintiff:

A. Attached Form

1. Attached Form among the first floor of the building entered in the list;

2. No. 1, B, III, p.m.

Reasons

1. Facts of recognition;

A. The Plaintiff is a management body consisting of all sectional owners of D’, an aggregate building (the officetel located in Bupyeong-gu, Seoul, and the instant aggregate building (hereinafter “instant aggregate building”).

Defendant B served as the manager of the Plaintiff from April 20, 2012 to September 29, 2014; Defendant B’s future dys (hereinafter “Defendant Company”) is a company that performs the management services of the instant aggregate building upon delegation from the Plaintiff; Defendant C is an employee of Defendant Company who works as the management office of the instant aggregate building.

B. On August 26, 2014, some of the sectional owners of the instant condominiums received the court’s decision that permits “the temporary meeting of the management body for the purpose of meeting the dismissal of management manager B and the appointment of a successor manager” (Seoul District Court Branch Branch Decision 2014 non-joint23). On September 29, 2014, a temporary management body meeting was held to hold a temporary management body meeting to dismiss Defendant B from the position of management manager and appoint F as a successor manager (hereinafter “the prior resolution”).

At that time, the number of units in the table is the standard for the number of households, and the number of units in the comprehensive bank is the standard.

The following shall also be subject to the following following resolution:

the following shall be applicable:

Ten persons (623.09m2) 156 persons (7,148.77m2) 166 persons (7,771.86m2) 58.04% (61.51%) 166 persons (61.51%) 58.04% (61.51%) of all sectional owners, 286 persons (61.51%) of all sectional owners, 12,635m22 of all sections for exclusive use)

C. Meanwhile, following the Plaintiff’s filing of the instant lawsuit against the Defendants, the dispute over the validity of the instant prior resolution continued, F and other sectional owners, as before August 14, 2015, pass a resolution to “the dismissal from Defendant B from the position of the manager and the appointment of F as the successor manager” (hereinafter “instant subsequent resolution”).

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