logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2019.06.13 2014가단43312
배당이의의 소
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 located in Songpa-gu Seoul Metropolitan Government G (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.

(2) Pursuant to Article 23, the Plaintiff is a managing body consisting of the instant building and the management project of its site and attached facilities. (2) The Plaintiff is a executing company that constructed the instant building and a substantial major shareholder of H, a company holding a sectioned 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 owner I, etc. of the instant building to impose and collect management expenses for the instant building. 4) The Defendant entered into a management service contract with I, etc. representing the Plaintiff’s management body around November 2010.

B. The composition 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, Plaintiff J (the representative K Plaintiff B) who is the subsidiary company.

A) Around September 2010, I et al. managed the instant building. (2) around September 2010, I et al. organized a management body formation promotion committee for the establishment of the instant building, and notified sectional owners of the enactment of management rules, election of executive officers of the management body, controlled entities, etc. to hold temporary management body meetings on October 23 of the same year in order to discuss the agenda items of the audit. Before the management body meeting, I et al. secured the delegation consent to the delegation of authority, such as meeting attendance and consent, opposition, and opinion submission, from the sectional owners equivalent to 42% of the total area, and 48% of the total

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

3 Accordingly, held on October 23, 2010.

arrow