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(영문) 서울북부지방법원 2015.07.09 2014가합7845
임시관리단 총회결의 취소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. The Dobong-gu Seoul Metropolitan Government Condominium (hereinafter referred to as the “instant condominium”) is a main complex building with a building permit on August 5, 200, and the approval for use on September 3, 2003, and 56 neighborhood living facilities (2,550.46 square meters in total) and a residential apartment with 225 households (20,58.6 square meters in total of residential apartment areas).

The aggregate building of this case has a parking lot that can accommodate 371 units on the aggregate building register between the third and the first underground floor. There are residential apartments between the first floor and the second floor, the neighborhood living facilities are the second floor, the neighborhood living facilities and the residential apartment facilities are the second floor, and the third to the second floor.

B. 1) The Plaintiff is a sectional owner of 212 and 213 among the part of the instant aggregate building’s neighborhood living facilities. 2) The Defendant is an organization consisting of sectional owners or lessees of residential apartment among the instant aggregate building.

C. Among the instant condominiums, the management committee for the instant condominiums comprised of the sectional owners or lessees of neighborhood living facilities (hereinafter “the instant committee”) and the Defendant has managed each part of the instant condominiums. From around 2004, disputes over the use of parking lots and cost sharing issue of the instant condominiums were resolved on September 29, 2005, and around September 29, 2005, an agreement was reached to select the labor cost sharing ratio for parking security guards.

Nevertheless, from March 2009, there was a dispute over the use of the parking lot part of the instant condominium from March 2009 and the sharing of expenses among the Defendant and the instant committee.

1) On June 12, 2013, the Defendant informed the occupants of the instant aggregate building, among the instant aggregate buildings, to install main loan facilities in the instant aggregate building parking lot as revenue from parking facilities reserves and external parking fees for commercial buildings. From June 14, 2013 to June 17, 2013, the said occupants’ consent was obtained from 165 persons. (2) The Defendant is the temporary occupants’ representative council on August 7, 2013.

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