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(영문) 서울남부지방법원 2016.08.25 2016가합105139
건물퇴거 청구의 소
Text

1. The instant lawsuit shall be dismissed.

2. The costs of the lawsuit shall be borne by H, expressed as the representative of the plaintiff.

Reasons

1. Summary of the plaintiff's assertion

A. The Plaintiff is a management body comprised of all sectional owners of the instant building under the Act on Ownership and Management of Condominium Buildings (hereinafter “Aggregate Buildings Act”) for the smooth management and operation of a building A, an aggregate building located in Yeongdeungpo-gu Seoul Metropolitan Government (hereinafter “instant building”).

The Defendants refer to the executives, etc. of the management body of the instant building, and have sectional owners occupying the instant management office without permission.

B. Therefore, the Defendants are obligated to leave the instant management office possessed by the Defendants without permission and hand over all relevant materials, such as accounting books related to the management of the instant building. In the event that the Defendants fail to perform their duty of hand over, they should pay to the Plaintiff the indirect compulsory performance amount calculated at the rate of one million won per day of the violation of such duty.

2. We examine, ex officio, whether the Plaintiff’s representative, who brought the instant lawsuit as the Plaintiff’s representative, has the power to represent.

(a) The facts subsequent to the facts of recognition may be found either in dispute between the Parties or in full view of the respective entries in Gap 1, 2, 4, 5, 7 (including each number, if any; hereinafter the same shall apply), Eul 1, and the whole purport of the arguments.

1. On July 2, 2014, the 19 sectional owners of the instant building, including J, claimed that Defendant B, claiming that he/she is the administrator of the instant building, requested the convening of an extraordinary management body meeting with the purpose of election of administrator and management members, etc.

However, Defendant B did not accept the above request for convening a temporary management body, and the above J et al. applied on September 5, 2014 to the Seoul Southern District Court 2014 non-conforming12.

On February 5, 2015, this Court decides to permit convocations to the effect that “The convening of an extraordinary management body meeting shall be permitted with the subject of the election of managers and management members of the instant building.”

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