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(영문) 서울북부지방법원 2020.06.11 2019가합1019
위반금청구의소
Text

1. All of the instant lawsuits are dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. Basic facts

A. The designated parties, including the Plaintiff (Appointed Party), are co-owners of part of the building K 1st floor of the instant building, and Defendant B (hereinafter “Defendant B”) is the co-owner of part of the building K 1st floor of the instant building, and Defendant C is the actual operator of Defendant B, who is the co-owner of the building K 1st floor of the instant building.

B. The designated parties, including the Plaintiff (Appointed), and the sectional owners of some of the K 1st floor buildings of the instant building, concluded an entrustment contract with the Defendants and the management body of the instant building and the management body thereof (hereinafter “N”) on December 2, 2016, under the Seoul Northern District Court Decision 2016Kahap20315, and the Defendants and the instant management body and N Co., Ltd. (hereinafter “N”) performed the management of the instant building (hereinafter “N”) without the resolution of the management body meeting of the instant building: (a) the Defendants and the instant management body and N Co., Ltd. (hereinafter “N”), without the resolution of the management body meeting of the instant building; (b) the construction of removing the fireproof building built on the site of the building outside the building of the instant building of the instant building of the instant building of the first floor; and (c) the sectional owners were prohibited from entering the building by correcting part of the outer entrance of the instant building of the instant building of the building of the instant building of the building of the instant case; and (c) the owner’s indirectly forced construction and forced construction works.

C. On February 14, 2017, the Seoul Northern District Court: (a) prohibited the Defendants, the instant management body, and NN from interfering with the ownership of sectional owners on the 1st floor of the instant building; and (b) rendered a provisional disposition order, including the payment of indirect compulsory payment, in the event of the violation (hereinafter “instant provisional disposition order”).

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