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(영문) 서울중앙지방법원 2015.04.29 2014나47275
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

Facts of recognition

The party-related E management body (hereinafter referred to as the “management body of this case”) is a management body established pursuant to the Act on the Ownership and Management of Aggregate Buildings for the purpose of carrying out a project for the management of aggregate E-commercial building (hereinafter referred to as “the building of this case”) on the land outside D and seven lots, Jung-gu, Seoul, and the Plaintiff is a father of F, the owner of the second floor of the building of this case, and the Defendants are sectional owners of the building of this case.

On May 14, 201, the management body of this case held a temporary management body meeting of the instant aggregate building at the Gu Community Center of Jung-gu Seoul, Seoul and passed a resolution to appoint J as a manager.

On May 24, 2011, K, a manager of the instant management body, filed a provisional injunction against interference with business with the purport that “J shall not engage in any and all acts referring to J as the head of the management body of the instant management body or as the manager under the Aggregate Buildings Act, and any seals indicating the name of the management body of the instant building,” against J as the Seoul Central District Court 201Kahap1309, and the said court accepted the said application on August 23, 201.

On January 30, 2012, Plaintiff J raised an objection to the instant order under the said paragraph (2) as the same court 2012Kahap213, but the said court authorized the said order on April 23, 2012. Plaintiff J appealeded against the said order on May 17, 2012, and the Seoul High Court, the appellate court of which was the appellate court, revoked the first instance decision “Seoul High Court 2012Ra739, Sept. 10, 2013.”

In Seoul Central District Court 201Kahap1309, the above court's provisional disposition order was revoked on August 23, 2011.

The creditor K's petition for provisional disposition is dismissed.

"The decision of acceptance was made."

Defendant C, the president of the “G,” which is the resolution to call an extraordinary management body meeting of the Defendants, and the registration of the candidate for the administrator, is the seat of the instant management body on September 30, 2013, and thus, for the appointment of the administrator on November 16, 2013.

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