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(영문) 인천지방법원 2016.12.22 2016가합54595
관리인지위 존재 확인 청구의 소
Text

1. The plaintiff B's lawsuit against the defendants is dismissed respectively.

2. The Defendants are located in Seo-gu Incheon E by the Plaintiff B.

Reasons

1. Basic facts

A. Plaintiff A sectional owner management body of Plaintiff A department store (hereinafter “Plaintiff management body”) is an organization that acts as the management body of F department stores on the ground of Seo-gu Incheon, Seo-gu (title A department stores on the registry of registry; hereinafter “instant building”). Defendant C Co., Ltd (hereinafter “Defendant C”) is as follows.

As stated in paragraph (1), some of the sectional owners and lessees of the instant building, and corporations that have concluded an entrustment contract with the merchants’ association, and Defendant D Co., Ltd. (hereinafter “Defendant D”) owned Nos. 101, 102, and 401 of the instant building.

B. On March 194, 1994, the building of this case is the building of five floors above ground and the first floor above the ground constructed by Defendant D, and five persons under divided ownership as follows.

G I JHD D D

C. On March 17, 2001, the “F department store operating committee’s bylaws” was prepared in the name of the “F department store operating committee.” Article 5 of the said regulations provides that “The operating committee shall be composed of sectional owners with ownership, right of lease, right of lease, right of lease, etc. on the F department store building.” Article 6 subparag. 1 of the said regulations provides that “The sectional owners shall have the right to vote on the agenda at the meeting of the operating committee. The end of the said regulations states that the names of the persons indicated as sectional owners are printed in the same letter, and the lessees of the instant building shall also be indicated as sectional owners.

As of the date of the preparation of the above regulations, the sectional owners of the building of this case were K and Defendant D2, who were the sectional owners of 501 units of the building of this case. However, the above regulations did not stipulate K as sectional owners, and thereafter there was no resolution for the management of the building of this case since the above commercial operation committee was actually held.

At present, among the sectional owners of the instant building, Defendant D entered into an entrustment contract with Defendant C on June 5, 2005; I on December 29, 2006; September 16, 2015; and J entered into an entrustment contract with Defendant C on January 1, 2012.

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