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(영문) 서울중앙지방법원 2018.11.22 2017가합39288
관리인해임 청구의 소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. Defendant G management body (hereinafter “Defendant G management body”) is a management body established pursuant to Article 23 of the Act on Ownership and Management of Condominium Buildings (hereinafter “Act on Ownership and Management of Condominium Buildings”) for the management of “G”, which is an aggregate building composed of five underground floors, fifteen floors above ground, and 289 units in Jongno-gu Seoul Metropolitan Government, and both the Plaintiffs and Defendant F are sectional owners of the said condominium buildings.

B. A general meeting was held on February 24, 2017 due to the bankruptcy of the existing company that performed the management of the instant condominium, and Defendant F was appointed as the manager, Plaintiff A, B, C, and E as the member of each management committee, and Plaintiff D as the auditor, respectively.

[Ground of recognition] Facts without dispute, Gap evidence 16, Eul evidence 14, Eul evidence 16, 16, 18, and the purport of the whole pleadings

2. The gist of the plaintiffs' assertion lies in circumstances where it is inappropriate for Defendant F, who is the manager of the instant condominium building, to perform the following unlawful acts or duties. Thus, the plaintiffs seek to dismiss Defendant F pursuant to Article 24 (5) of the Aggregate Buildings Act.

Defendant F, who was awarded a successful bid through an auction under the ground J of the instant aggregate building, shall bear the unpaid overdue management expenses, and Defendant F in collusion with Nonparty K, who is the director of the management office of the said aggregate building, received a half of the unpaid overdue management expenses from the previous owner illegally.

B. Defendant F, by taking out part of the damage compensation paid by N on the ground of the infringement of the right to enjoy sunshine of each floor L and Mhora of the instant condominium building, committed occupational breach of trust causing damage equivalent to the above amount to Defendant F Management Body.

C. Defendant F, without going through a resolution of the general meeting of the management body, is the management committee.

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