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Reasons
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(영문) 대구고등법원 2016.11.30 2016나388
건축물관리패쇄
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1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. The Plaintiff is the owner of “C” (hereinafter “instant condominium”) 102, which is an aggregate building with a total of 18 households on the 9th floor located on the ground outside H-gu, Daegu, and the Defendant is the husband of “N” who is the owner of the instant condominium 402.

B. On January 20, 2013, a management body consisting of the owners of the instant condominiums (hereinafter “the instant management body”) held a management body meeting (hereinafter “the first management body meeting”) on January 20, 201, and adopted a resolution to appoint Q ( Q is jointly owned X and 602), who is the owner of the instant condominiums, as the management board, as the representative director of K Co., Ltd. (hereinafter “K”), who is the owner of the instant condominiums 301, 502, and 901. On the first resolution, the first resolution was adopted to appoint the Defendant as the manager (hereinafter “the first resolution”). From among the owners of the instant condominiums, 14 persons (No. 201 J, 301, 502, 302 K, 302 L, M 401, Ma201, 402, 402, 401, 401, 402, 501, 2061, Q, 601.

C. On January 25, 2013, the instant management body held a management body meeting (hereinafter “the second management body meeting”) and passed a resolution to select I (hereinafter “I”) as the instant condominium management body (hereinafter “the second resolution”). On January 25, 201, the instant management body obtained consent from 14 persons (No. 201 J, J, 301, 502, and each K, 302 L, 401 M, 401 M, 402 N, 501O, 601 P, 602 P, Q, 701 R, 801 S, 801 S, 802 T, 902) among the sectional owners of the instant aggregate building.

As the manager of the instant condominium, the Defendant, as the manager of the instant condominium, is from January 25, 2013 to January 24, 2015, the term of the contract from January 25, 2013 to January 24, 2015, and the scope of the management services amounting to KRW 2,847,00 per month, and the scope of the management services in the instant condominium.

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