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(영문) 수원지방법원안산지원 2013.10.31 2012가합7578
관리비회계장부반환
Text

1. Of the instant lawsuits, the part concerning requests for delivery of goods and for indirect compulsory enforcement thereof shall be dismissed.

2. The defendant shall attach a separate sheet.

Reasons

1. Basic facts

A. On September 24, 2002, C and D agreed to establish management rules and appoint C as the manager of A building by sharing the A building with the following 1/2 shares: (a) around September 24, 2002:

B. C on April 25, 2008, publicly announced convening a temporary management body meeting on May 6, 2008, which is an agenda item for the replacement of a custodian, etc.

The Plaintiff, at the temporary management body meeting held on May 6, 2008 (hereinafter “instant management body meeting”), passed a resolution to appoint E as the manager of the building A (hereinafter “instant resolution”) with the consent of all the participants, while the sectional owners who own the section of exclusive ownership of 3,542.24m2, which is equivalent to 79% of the total section of exclusive ownership of A,431.35m2, which is 49m24m2.

(c) The section for exclusive use and its size of the persons who attended the meeting of the management body of the building A and approved the resolution shall be as follows:

The name of a sectional owner of a family room: (i) 101 square meters as to whether the section for exclusive use is approved; (ii) 50.402 G x 42.90 G 103 x 42.90 x 105 x 42.90 C, D (each 1/2 equity) x 149.76 107, K (each 1/2 equity) x 43.68 J. 108; (iii) 63.40; (iv) x 40.63.10 C; (iv) 40.68.68; and (v) 43.10.68; (iv) x 110 L; (v) x 121/110; and (v) x 2141/1261-R x 27.2141/125.

D. Relevant provisions of the Act on the Ownership and Management of Aggregate Buildings (hereinafter “ Aggregate Buildings Act”) and the A-Building Management Rules are as follows:

Article 12 (Co-owner's Share) (1) of the Act on Ownership and Management of Aggregate Buildings.

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