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(영문) 서울남부지방법원 2020.08.28 2019가합107006
업무방해금지 청구의 소
Text

The instant lawsuit is dismissed.

The costs of lawsuit shall be borne by the plaintiffs.

Reasons

1. Basic facts

A. The Plaintiff A management body (hereinafter “Plaintiff A management body”) is a management body under the Act on the Ownership and Management of Aggregate Buildings, comprised of sectional owners of the instant aggregate buildings (hereinafter “the Aggregate Buildings Act”).

B. On February 24, 2017, the Defendant entered into an entrustment contract for the management of the instant aggregate building with D Co., Ltd., the executor and seller of the instant aggregate building, and the management rules enacted around March 2017 (hereinafter “instant management rules”) related to the administrator of the instant management rules, which were established around February 24, 2017, with a company operating a facility security business, etc. of the instant aggregate building.

Article 2(Definitions)13. The term "trustee" means a "self-governing organization" formed by the management committee in the case of self-management, and a "entrusted management company" in the case of entrusted management.

Article 34 (Institution and Executive Officers) (3) A management body may organize a management body of an aggregate building and autonomously manage it, or entrust the management thereof to the management manager of an aggregate building, and where it is entrusted to the management manager of an aggregate building, the management manager of an aggregate

Since that time, the management of the aggregate building of this case was conducted.

C. On May 9, 2018, the Plaintiff managing body held a temporary management body meeting of the instant condominium building (hereinafter “instant first assembly”).

In the instant assembly, a resolution was made to appoint Plaintiff B as the manager of the instant condominium building.

The defendant, around March 2020, entered into an entrustment contract with D Co., Ltd. and E on the management of the aggregate building of this case and did not perform management duties of the aggregate building of this case.

E. Meanwhile, on March 5, 2020, Plaintiff B, etc. obtained the temporary meeting of the Plaintiff management body, which is the purpose of the meeting, as the court below 2019 non-conforming1010, the dismissal of the Defendant representing the Plaintiff management body, and the appointment of the representative of the Plaintiff management body, which is the purpose of the meeting. Accordingly, the temporary meeting of the Plaintiff management body was approved.

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