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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. Defendant B management body (hereinafter “Defendant B management body”) is a management body established pursuant to Article 23 of the Act on the Ownership and Management of Aggregate Buildings (hereinafter “the Aggregate Buildings Act”) for the management of the buildings listed in the attached list 1 on the third underground and nine floors above ground in Seongdong-gu Seoul and the 19 floors above ground (hereinafter “instant aggregate buildings”), and Defendant C is a manager of the instant aggregate buildings.
B. On November 30, 2008, E, a sectional owner of the instant condominium building and performing management work, died, and his property was jointly inherited by F, G, H, I, and the Plaintiff, and Defendant C, who are his wife.
C. On November 27, 2013, the lower court rendered a decision that “as to the sectional ownership of 288 units, an inherited property, among the sectional ownership of the instant condominium buildings, the Plaintiff owned 1/13 shares of each of the sectional ownership of 143 units, F, G, and H owned 11/13 shares of each of the sectional ownership of the 145 units, and divided ownership of 11/13 shares of the F, G, and H, among the sectional ownership of the remaining 145 units, the remaining 2/13 shares of the sectional ownership of the said 288 units, were divided as I owned by the lower court.” On December 18, 2013, the foregoing decision became final and conclusive.
Since then, 2/13 shares in the above 288 rooms owned by I were acquired by J Co., Ltd. (Defendant C is the largest shareholder) through the seizure and public auction procedure of the tax office.
E. Meanwhile, the sectional owners of the instant aggregate building held a provisional management body on August 9, 2014, and appointed Defendant C as the manager of the Defendant management body by a resolution of 100 persons (66.69%) out of 18,064.60 square meters (69.4%) among total area size 26,017.43 square meters, based on the total number of voting rights, and 150 persons among total number of 150 persons (6.69%).
F. The plaintiff among the aggregate buildings of this case, is 143 tenants in each of the 143 units where the plaintiff divided 11/13 shares.