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(영문) 서울중앙지방법원 2019.05.23 2017가단5206932
관리비
Text

1. The instant lawsuit shall be dismissed.

2. The costs of the lawsuit are assessed against AT expressed as the representative of the Plaintiff managing body.

Reasons

1. We examine this safety defense. A.

The plaintiff is the cause of the claim in this case. The plaintiff is a management body established for the purpose of the management of the commercial building in this case and its site and its appurtenant facilities with all sectional owners of the A-commercial building (hereinafter "the commercial building in this case"), an aggregate of KRW 1,052,737,183 among the operating expenses of the management body from January 2014 to June 2017. The defendants, who are sectional owners of the commercial building in this case, have a duty to pay to the plaintiff the amount of money stated in the item of "distribution cost for each owner" among the expenses for the management of the common use area and the expenses for the performance of the management body's affairs according to the ratio of their share, and the defendants have a duty to pay to the plaintiff the same as the claim in this case, since there is no legitimate power of representation of the plaintiff as the representative, the plaintiff's lawsuit in this case is unlawful.

B. Therefore, in full view of the written evidence evidence Nos. 2, 3, and 8 as to whether the above AT is a legitimate representative of the plaintiff, the appellate court (Seoul High Court 2017Na2074949) filed against the plaintiff in the lawsuit seeking confirmation of invalidity of the resolution of the managing body's meeting, which was filed by 46 of the owners of the building of this case, including the defendant B, against the plaintiff. On December 19, 2018, the above court rendered a judgment that "the decision to appoint AT as the plaintiff's manager at the temporary management body meeting of April 9, 2016 for the purpose of appointing the plaintiff's manager is confirmed as invalid because the method of the resolution has a serious defect in violation of the law," and the plaintiff filed an appeal (Supreme Court 2019Da20323), but the trial was dismissed on April 25, 2019.

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