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The part against the defendant in the judgment of the first instance shall be revoked.
The plaintiff's claim as to the above cancellation is dismissed.
(b) actions;
Reasons
1. In the first instance trial, the Plaintiff requested that the Plaintiff grant the execution clause to the Plaintiff for compulsory execution against the Defendant within the scope of KRW 154,000,000 as to the order of provisional disposition stated in the purport of the claim, and the court of first instance granted the execution clause within the scope of KRW 152,00,000 among them, and dismissed the remainder of the Plaintiff’s claim.
Since this Court appealed only to the defendant, the scope of this Court's trial is limited to 152,00,000 won cited in the plaintiff's claim for the grant of the execution clause.
2. Basic facts
A. Under the Act on the Ownership and Management of Aggregate Buildings, the parties-related Plaintiff is a management body comprised of all sectional owners for the management of A building, which is a 4 underground and 11th floor building in Yeongdeungpo-gu Seoul Metropolitan Government (hereinafter “instant building”).
The Defendant, along with D, was dismissed from the custodian by the resolution of dismissal on May 15, 2012 while performing the joint management of the instant building.
(The Defendant asserted the validity of the above resolution of dismissal, but the above resolution of dismissal was finalized on September 28, 2018 by the Seoul Southern District Court 2012Gahap9332, Seoul Southern District Court 2013Na16956, Supreme Court 2014Da27562, and Supreme Court 2014Da27562.
1) The Plaintiff filed an application against the Defendant for provisional injunction against obstruction of business operations with the Seoul Southern District Court 2014Kahap246, and the said court rendered the provisional injunction as follows on July 2, 2014.
1. The defendant shall not engage in any act listed in the separate sheet.
2. The execution officer shall publicly announce the purport of the said order in the proper manner.
3. If the defendant violates the order under paragraph (1), he will pay to the plaintiff two million won per day of the violation.
[List]
1. Demanding and collecting monthly management expenses from the occupants of the building in this case;
2. Monthly electric utility charges for the occupants of the instant building.