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(영문) 서울북부지방법원 2018.10.30 2017가합22319
손해배상(기)
Text

1. The Defendants jointly share KRW 80,500,000 with respect to the Plaintiff and the period from December 1, 2015 to October 30, 2018.

Reasons

1. Basic facts

(a) “E” is a commercial building in Nowon-gu in Seoul Special Metropolitan City, a five-story underground, a sales facility of the nine-story above ground, an educational research and welfare facility, a sports facility, which can be used as an independent building under the Act on the Ownership and Management of Aggregate Buildings (hereinafter referred to as “the Act on the Ownership and Management of Aggregate Buildings”) for its purpose of ownership.

B. Defendant B’s council (hereinafter “Defendant B council”) is a management body comprised of all sectional owners of E pursuant to Article 23(1) of the Aggregate Buildings Act, and has been in charge of E’s management duties, such as imposing and collecting management fees from sectional owners or shop occupants.

Defendant C is the chairperson of the Defendant B Council, and Defendant D is the vice-chairperson of the Defendant B Council.

C. The Plaintiff was established for the purpose of the maintenance and management business of E on October 30, 2013 with the consent of at least 2/3 of all saleroom occupants, and reported to the head of Nowon-gu in Seoul Special Metropolitan City on November 1, 2013. On December 30, 2013, the Plaintiff was confirmed as the superstore manager with respect to E by the head of Nowon-gu in Seoul Special Metropolitan City.

From that time, there was a dispute between the Plaintiff and the Defendant B Council on E’s management right, and the Plaintiff filed an application against the Defendant B Council for a preliminary injunction against obstruction of business and confirmation of the existence of management right and prohibition of obstruction of business.

In the re-appeal trial against this, the Supreme Court held that "where a superstore manager has the authority to impose and collect management fees due to the legitimate establishment of a superstore manager who has performed the duties of maintenance and management of a building, including the imposition and collection of management fees, for a superstore which is an aggregate building under the Act on the Ownership and Management of Aggregate Buildings, the right to impose and collect management fees, which has been held by the management body, from that time, shall naturally lose the right to impose and collect management fees within the scope that falls under the authority of the superstore manager (Supreme Court Order 2015Ma1253 Decided February 19,

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