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(영문) 서울남부지방법원 2018.07.06 2017가합1135
관리인 해임 청구의 소
Text

1. The plaintiff's main claim against the defendant B shall be dismissed.

2. The plaintiff's defendant C management body

Reasons

1. Basic facts

A. Defendant managing body is a managing body under the Act on the Ownership and Management of Aggregate Buildings (hereinafter “Act on the Ownership and Management of Aggregate Buildings”) composed of sectional owners of business facilities and officetels in Guro-gu Seoul Metropolitan Government (hereinafter “instant building”), and the Plaintiff is a sectional owner of the instant building (E).

B. On March 11, 2007, at the meeting of the management body held on March 11, 2007, a resolution was made to appoint Defendant B as the manager.

C. At the meeting of the management body held on August 8, 2017, a resolution was made to appoint Defendant B as the manager at the meeting of the management body held on the same day.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1, Eul evidence 1, 2 and 6 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination as to the defendants' defense prior to the merits

A. The Defendants’ assertion filed a lawsuit seeking confirmation of invalidity of a resolution adopted at the managing body’s meeting on August 8, 2017, which was substantially conducted by the Defendants’ claim for dismissal of the manager, and the alteration of the said claim to the conjunctive claim may change the purport or cause of the claim to the primary claim [the Plaintiff may, within the extent that the basis of the claim is not altered, alter the purport or cause of the claim by not later than the time when the pleading is concluded (in the case of a judgment without holding any pleadings, the time when the judgment is declared in the case of a judgment without holding any pleadings] pursuant to Article 262(1)

B. The change of claim 1 can be made until the time of the closure of pleadings in fact-finding proceedings unless there is a significant change in the foundation of the claim, and the change of claim and the cause of the claim merely differs in the method of resolution in the same living facts or the same economic interest disputes, and it does not change the foundation of the claim.

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