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(영문) 서울중앙지방법원 2018.10.31 2018가합524028
행위(사용)금지 등
Text

1. Defendant D Co., Ltd. shall indicate an attachment No. 1, No. 2, No. 3, No. 4, among the underground floors of the real estate listed in the list of real estate in attached Form 1.

Reasons

Basic Facts

A. The Plaintiffs’ status of the building indicated in the list of real estate attached to attached Table 1 (hereinafter “instant commercial building”) is an aggregate building as stipulated in the Act on Ownership and Management of Condominium Buildings and a superstore as stipulated in Article 2 of the Distribution Industry Development Act. Plaintiff A is the Plaintiff’s share of 0.048 of the instant commercial building F, and Plaintiff B is the co-ownership of 1.302 of the instant commercial building G, and Plaintiff C is the co-ownership of 1.302 of the instant commercial building H.

B. The past management of the commercial building of this case 1) The International Housing Redevelopment Association (hereinafter “I Redevelopment Association”)

(2) After the completion of the instant commercial building, the sales contract was concluded on April 14, 2008 between the sectional owners of the instant commercial building and the buyers of the instant commercial building, including the fact that the I&N association may appoint a manager after consultation with the contractor. 2) Under the above provision, the I&N union entered into a contract management agreement (hereinafter “K”) with the J Co., Ltd. (hereinafter “K”) on April 14, 2008, which was before the completion date of the instant commercial building, to entrust the management of the instant commercial building. The term of the contract was from April 15, 2008 to April 14, 201, and the term of the contract was automatically extended in the event that the I&N association did not notify to K of its opposition to the extension of the contract term until 60 days before the expiration date of the contract term, and if the I&N association is subject to the rights and obligations of the I&N association to be transferred to a third party.

3) On April 28, 2008, K obtained approval for the use of the instant commercial building from the competent authority. 4) K under the instant management contract.

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