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(영문) 서울동부지방법원 2019.06.13 2014가단39054
배당이의
Text

1. The lawsuit of the plaintiff A management body shall be dismissed;

2. The plaintiff B's claim is dismissed.

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

Reasons

1. Basic facts

A. 1) The Plaintiff’s management body is an aggregate building in Songpa-gu Seoul Metropolitan Government H (hereinafter “instant 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”) consisting of all sectional owners.

) Pursuant to Article 23, the management body consisting of the instant building and the management body consisting of the project on the management of its site and attached facilities. 2) Plaintiff B is an executor who constructed the instant building and a substantial major shareholder of Plaintiff I who owns a partitioned building equivalent to approximately 19% of the total size of the instant building.

3) D Co., Ltd. is a company established on December 28, 201 by the sectional owners of the instant building in order to impose and collect management expenses for the instant building. 4) The Defendant entered into a management services contract with J, etc., representing the Plaintiff’s management body around November 2010.

B. The organization of the Plaintiff management body and the appointment of the manager were commenced from June 2004 to September 2010, the instant building was not held by the management body meeting from around June 2004 or the manager was not appointed. During the foregoing period, the Plaintiff K Co., Ltd. (A) for which I is its subsidiary.

2) Around September 2010, J, etc.: (a) formed a management body organization promotion committee to establish a management body of the instant building; (b) notified sectional owners of the establishment of management rules, the appointment of executive officers of the management body, and the holding of a temporary management body meeting on October 23 of the same year to discuss the agenda items of controlled entities’ audits; (c) up to the total size, 42% of the total size, 48% of the total number of households, from sectional owners who were delegated the authority such as assembly attendance and consent, opposition, and opinion submission.

In addition, I also agreed to cooperate with the promotion committee for the organization of the management body.

3 Accordingly, held on October 23, 2010.

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