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(영문) 인천지방법원부천지원 2020.08.21 2019가합102542
관리인지위부존재확인등 청구의 소
Text

1. Of the instant lawsuit, the part of the Plaintiff’s claim for confirmation of the absence of the status of manager A, and the claim for confirmation of invalidity of the service contract, respectively.

Reasons

1. Basic facts

A. 1) The E Building Management Body (hereinafter “instant Management Body”)

2) The E-building, which is an aggregate building of the 7th and 98 household units above the 2nd underground floor (hereinafter “instant aggregate building”).

The Act on the Ownership and Management of Aggregate Buildings (hereinafter referred to as the “Act on the Ownership and Management of Aggregate Buildings”) for the purpose of carrying out the management of the aggregate building in this case and its site and its accessory facilities with all sectional owners as

) A non-corporate body established automatically pursuant to Article 23(1) is a non-corporate body. Defendant C is an assembly of the management body on the instant aggregate building held around January 2018 (hereinafter “instant management body assembly”).

(1) After the election of the receiver (a resolution of election of the Defendant C as the receiver at the above assembly) is made, the resolution of this case is referred to as “instant resolution.”

(2) The Plaintiff is a person who completed the registration of ownership transfer on May 22, 2013 with respect to the multi-story G and H of the instant multi-unit building (hereinafter “each of the instant multi-unit buildings”) as a manager of the instant management body.

(Plaintiff A) 3) Plaintiff B Co., Ltd. (hereinafter “Plaintiff B”) (hereinafter “Plaintiff B”) as follows.

(4) The Plaintiff Company F (hereinafter referred to as the “F”) is a company with the objective of operating the film hall, etc., and Defendant D is the F’s representative director, on December 31, 2019, by leasing each of the instant sub-sections from Plaintiff A and operating the film theater in the name of “I” until December 31, 2019. The Plaintiff was appointed as the representative director of Plaintiff B on February 19, 2016.

Defendant C concluded a building management consignment agreement with F on June 2018 on the instant aggregate building as the manager of the instant management body.

(hereinafter “instant management contract”). (b)

In this case.

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