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Reasons
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(영문) 대구고등법원 2014.09.24 2014나49
건축물관리 원상회복절차이행
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1. The plaintiff's claim that is changed in exchange from the trial to the defendants is all dismissed.

2. Appeal;

Reasons

1. Basic facts

A. The Plaintiff is the owner of “G” (hereinafter referred to as the “instant building”) No. 102, which is an aggregate building (the nine stories and eighteen households on the ground) located in Daegu-gu, Daegu-gu, and Defendant B (hereinafter referred to as the “Defendant B”) is the owner of the instant building No. 301, 502, and 901, and Defendant C and D are the co-owner of the instant building No. 602 as the husband and wife.

B. A management body composed of sectional owners of the instant building (hereinafter “management body of this case”) held the first management body meeting on January 20, 2013 and appointed Defendant C as the managing chairperson, who is the representative director of Defendant B, as the vice-chairperson, and J (the Defendant is the husband of Q, who is the owner of the instant building No. 402) as the manager, respectively.

C. After that, on January 25, 2013, the instant management body held the second management body meeting and decided to select E (E) as the controlled entity of the instant building. On the resolution of the second management body meeting, there was the consent of 12 of the sectional owners of the instant building (Nos. 201 N, 301, 502, and 901, respectively, Defendant B, 302O, 401 P, Q, 402, Q, 501 R, 601, 602, Defendant C, 701 T, 801 U, 802, V, 902, and W).

On January 25, 2013, the administrator J entered into a management agreement with E to perform the duties (management expenses) imposed and collected by settling accounts for each household by calculating the management expenses for public use as well as the scope of management duties, from January 25, 2013 to January 24, 2015, including KRW 2,847,00 each month, and KRW 2,847,00 each month to January 24, 2015.

E. The management fee of the building of this case is paid to the bank account (Tgu Bank X) in the name of the administrator J.

[Reasons for Recognition] Unsatisfy, Gap evidence 3, 8, 12, and

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