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(영문) 수원지방법원 2016.06.09 2015가합5821
건물명도 등
Text

1. It is confirmed that the status of the managing body of the building indicated in the attached list is the Plaintiff.

2. The defendant shall be the plaintiff.

Reasons

1. Basic facts

A. The defendant and the members of the Presidential Decree on the Management of the Mobilizationland Co., Ltd. 1) are companies engaged in building management business, etc., and the defendant is a member of the Presidential Decree on the Mobilizationland Co., Ltd.

) A building listed in the separate sheet (hereinafter referred to as “instant building”) which is an officetel located in Young-gu, Suwon-si.

(2) On September 20, 2012, the Defendant entered into a management consignment agreement to entrust all management affairs, including the imposition and collection of management expenses of the instant building, with the term of contract from September 20, 2012 to September 20, 2017, setting the management expenses as KRW 22,748,000 per month.

3) On July 22, 2014, the Defendant concluded a management consignment agreement again with the mobilizationland, and changed management expenses to KRW 30,722,000 per month until September 19, 2019 (hereinafter “instant management consignment agreement”).

4) The Defendant currently occupies a part of 30.42 square meters in the ship connecting each point of the attached Form 1, 2, 3, 4, and 1 among the two floors underground of the instant building, which is the management office (hereinafter “instant management office”).

B. (1) Around October 2014, 2014, 57 of the sectional owners of the instant building, among the sectional owners of the instant building, passed a resolution to convene a management body meeting consisting of “the formation of the management body, the enactment of the management rules, and the election of the executive officers of the management body,” etc., of the instant building, and delegated C with the relevant authority. C issued a notice to convene a management body meeting on November 29, 2014 to the sectional owners. (2) The management body meeting convened accordingly, enacted the management rules on the instant building on November 29, 2014, and made a resolution to appoint C as the representative manager.

(hereinafter “The instant management body meeting”). 3 The Plaintiff notified the Defendant of the establishment of the Plaintiff on December 15, 2014, and on February 5, 2015, the Defendant also participated in the tendering procedure, as the Plaintiff planned to select a new controlled entity through a bid.”

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