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(영문) 서울동부지방법원 2017.09.29 2016나6295
관리비등
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.

Reasons

1. Facts of recognition;

A. A commercial building (hereinafter “A building”) constructed around 1984 on the ground of Gangdong-gu Seoul Metropolitan Government, H, I, and J is an aggregate building subject to the Act on the Ownership and Management of Aggregate Buildings (hereinafter “the Aggregate Buildings Act”), comprised of 42 units (one underground floor, 18 units on the first floor, 9 units on the second floor, 7 units on the third floor, and 4 units on the fourth floor).

B. Defendants B owned the fourth floor of building A, the first floor of Defendant C, the 1st floor of Defendant D, the 13th floor of Defendant D, the 34th floor of Defendant E, and the 14th floor of Defendant F.

C. Since the enactment of the management rules on October 1, 199, A building management was performed since the enactment of the management rules on A building as an organization composed of occupants of A building for the purpose of the management, operation, etc. of A building, but the dispute over the election of representatives was continued since 2008.

As the AA Building Organization fails to properly perform the A building management duties due to the above dispute, some sectional owners of the A Building held a management body meeting on December 17, 2008 to form an organization under the name of the A Building Development Committee, and attempted to recover the A building management rights from the A Building Organization. On June 2013, the A Building Emergency Countermeasures Committee organized an organization under the name of the A Building Emergency Countermeasures Committee to collect the management fees.

E. On January 22, 2010, the representative L of the A building 2nd meeting reported the closure of business in the Gangwon-do Tax Office.

On October 25, 2011, the president N of the AA Building Operation Committee (M) business registration was made on October 25, 201 and reported the closure of the business on June 5, 2013.

F. On January 24, 2014, in order to newly establish a management body composed of sectional owners on the ground that the A building emergency response committee was de facto dismantled, the owners of the A building held the Plaintiff’s inaugural general meeting on the ground that the A building emergency response committee was convened.

The above inaugural general meeting shall consist of 49 persons among all sectional owners.

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