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(영문) 서울중앙지방법원 2018.07.05 2016가합6052
관리인해임청구
Text

1. The plaintiff I's lawsuit shall be dismissed.

2. All of the plaintiffs' claims except the plaintiff I are dismissed.

3...

Reasons

1. Basic facts

A. Defendant AH management body (hereinafter “Defendant AH management body”) is a management body established pursuant to Article 23 of the Act on the Ownership and Management of Aggregate Buildings (hereinafter “Act on the Ownership and Management of Aggregate Buildings”) for the management of “AH”, an aggregate building consisting of three underground floors in Seongdong-gu Seoul AJ, the size of 19 floors above ground, and 474 units (hereinafter “instant aggregate building”). Defendant AH management body is the manager of the said aggregate building, and the Plaintiffs are some of the owners of the said aggregate building (30 co-owners).

B. On November 30, 2008, AK (hereinafter “the deceased”) who was a sectional owner of 288 units among the instant condominiums, died on November 30, 2008, and his property was jointly inherited by AL, AM, N, AO, Plaintiff L, and Defendant AI.

C. The Seoul High Court Decision 2013B64 (this trial) and the contributory portion in the instant case among the co-inheritors, the said court rendered a decision on November 27, 2013 that “as to the sectional ownership of 288 units, an inherited property, among the sectional ownership of the instant aggregate buildings, the Plaintiff owned 11/13 shares in each of the sectional ownership of the 143 units among the sectional ownership of the 145 units, and AL, AM, and N shared 11/13 shares in each of the sectional ownership of the remaining 145 units, and the remaining 2/13 shares in the sectional ownership of the said 288 units were divided into AO.” On December 18, 2013, the said decision became final and conclusive.

Since then, AP Co., Ltd (hereinafter “AP”), among the entire shares of AP, Defendant AI owns 25.89%, and AP Q Q, a foundation, the president of which is Defendant AI, owns 2.75%, respectively.) have acquired 2/13 shares of the above 288 units of AO by means of seizure and public auction by a tax office. On December 18, 2013 and August 21, 2015, AL, AM, and N from the above 145 units of the aggregate building of this case among the shares of 11/13 shares of the above 145 units of the 145 units of the building of this case.

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