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(영문) 서울북부지방법원 2018.07.05 2017가합20825
관리인해임청구의 소
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. Defendant E-management body (hereinafter “Defendant E-management body”) is a management body established pursuant to Article 23 of the Act on the Ownership and Management of Aggregate Buildings for the management of “E”, which is an aggregate building of the second and seventh floors located in the Dongdaemun-gu Seoul Metropolitan Government and one parcel, and Defendant F is the manager of Defendant E-management body, and the Plaintiffs are sectional owners of the instant commercial building.

B. On August 2, 2012, Defendant F acquired the ownership of the first floor H among the instant commercial buildings, and was appointed as a temporary manager of Defendant F’s management body on November 4, 2013.

② After that, at the managing body meeting held on December 18, 2014, the Defendant managing body was appointed as the manager of the Defendant managing body, and ③ at the managing body meeting held on December 22, 2016, the latter was appointed as the manager of the Defendant managing body.

Meanwhile, Defendant F’s term of office is until December 2018.

C. On September 6, 2012, Defendant F, at Defendant F’s office of the Defendant Management Body, inflicted an injury on the part of Defendant F, i.e., definites, etc., requiring approximately four weeks of medical treatment, in which I, who was the former manager, was placed in several times, and was indicted in summary by this Court approximately KRW 2016, Jan. 15, 2013, and was issued a summary order of KRW 3 million by the said court, which became final and conclusive.

On November 8, 2016, 51 of the sectional owners of the instant commercial building, who constituted the Emergency Countermeasure Committee, filed a complaint with the investigative agency by embezzlement, breach of trust, or interference with the exercise of rights, etc.

On December 22, 2016, J, the chairperson of the Emergency Countermeasure Committee, filed an application for provisional disposition, such as prohibition of holding a management body meeting, with the court 2016Kahap20284 on November 8, 2016, in order to prohibit the holding of a management body meeting for the election of the intended manager, but withdrawn the above application on December 13, 2016.

E. Article 9 of the Election Management Regulations for Defendant 1’s management body is a manager’s candidate.

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