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1. The defendant's decision on the provisional disposition against the plaintiff in Seoul Southern District Court 2014Kahap246 was rendered.
Reasons
1. Basic facts
A. The Plaintiff, along with D, performed the joint management of the fourth underground floor and the 111th floor building located in Yeongdeungpo-gu Seoul Metropolitan Government (hereinafter “instant building”) and the joint management of the B building, which is a 11st floor building (hereinafter “instant building”).
5. 15. A management body consisting of all sectional owners for the management of the instant building in accordance with the Act on Ownership and Management of Condominium Buildings, which is disputing the validity of a resolution of dismissal and the ownership of management rights after dismissal from the management body by a resolution of dismissal on 15.
B. On July 2, 2014, the Defendant filed an application with the Seoul Southern District Court for a provisional injunction against interference with business with the business with the Plaintiff as the respondent, and the said court rendered the instant decision with the following content.
(2014Kahap246) [Disposition]
1. The respondent (the plaintiff of this case) shall not perform 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. Where the respondent violates the order under paragraph (1), he shall pay 2,000,000 won per day of the violation to the applicant (the defendant of this case).
(hereinafter referred to as "attached List")
1. Demanding and collecting monthly management expenses from the occupants of the building in this case;
2. To charge and collect monthly electric charges and water rates for the occupants of the instant building (hereinafter referred to as “coverage”).
C. Although the Plaintiff filed an objection against the instant decision, the Seoul Southern District Court authorized the said decision on November 7, 2014 (2014Kahap313). Accordingly, the Plaintiff appealed to the Seoul High Court on the ground that “the lessee is not prohibited from receiving management expenses, electricity fees, etc. from the lessee,” and the said court partially accepted the Plaintiff’s assertion on March 25, 2015, and rendered a decision to modify the instant decision as follows.
(2014Ra1344). The plaintiff re-appealed on July 17, 2015.