1. Of the judgment of the court of first instance, KRW 272,530 against the Plaintiff and the Plaintiff’s objection thereto from June 4, 2016 to June 14, 2017.
1. Facts of recognition;
A. The Plaintiff is a managing body composed of sectional owners in order to make a resolution and execute all matters concerning the management of A, an aggregate building located in C (hereinafter “instant building”), and the Defendant is the owner of 503 Dong 101 and 301 among the instant building.
B. Around May 201, the Plaintiff entered into a management contract with D Co., Ltd. (hereinafter “D”) that is a management management company (hereinafter “D”), and set the contract period until May 31, 2013. A contract was automatically renewed after the said contract period expired, and the following E:
As stated in paragraph (1), D was in charge of the management of the building by May 20, 2016, around the time when D was notified by the temporary administrator E of the termination of the said contract.
C. The Plaintiff’s previous representative was the manager F, but the F’s term of office expired after April 19, 2010 continued to exist, and E was appointed as the Plaintiff’s manager at the management body meeting held on December 18, 2015.
After that, on December 31, 2015, E notified D of the termination of the instant building management contract, but D applied for provisional disposition against D as the Suwon District Court 2016Kahap31 against the defects in continuing management.
However, on May 2, 2016, the above court rendered a decision to dismiss the application for provisional disposition on the ground that the resolution of the management body meeting held on December 18, 2015, which appointed E as the manager, was null and void due to the defect in the convocation procedure or the method of resolution, and the above application for provisional disposition was filed by E without the power of representation.
E. Accordingly, as Suwon District Court 2016Bhap31, E filed an application for appointment of the Plaintiff as a temporary manager, and the above court accepted the above application on May 20, 2016 and appointed E as a temporary manager, and thereafter, E notified D of the termination of the management contract again.
F. Meanwhile, the defendant, among the buildings of this case, 503 Dong 101.