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(영문) 수원지방법원 2017.06.14 2017나152

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.