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(영문) 대구지방법원서부지원 2016.09.07 2015가단31272
손해배상(기)
Text

1. The lawsuit of the Plaintiff A prosperity shall be dismissed.

2. The plaintiff A commercial building management body's claim is dismissed.

3. Of the costs of lawsuit.

Reasons

1. Basic facts

A. A was composed of 2 underground floors, 10 underground floors, and 64 initially divided buildings in Daegu-gu E, but on May 16, 2012, 902 of the instant commercial buildings were merged into 901.

In March 15, 2004, registration of preservation of ownership of the above commercial buildings was completed.

B. On November 15, 2004, Plaintiff A prosperity (hereinafter “Plaintiff prosperity”) opened an inaugural general meeting and enacted the Articles of Incorporation (Articles of Incorporation) and the Enforcement Rule, and elected Defendant B as the president. Article 7 of the said Articles of incorporation provides that “The members at the plenary session shall undergo business registration within A and conduct business, or the business operator who paid the membership fee at the plenary session shall become a member. However, if there is no occupant, the said owner shall act on his behalf.”

C. Around December 2006, Defendant B resigned from the position of the president of the prosperity conference at the expiration of the term, and thereafter F, G, Defendant C, etc. performed the Plaintiff’s duties as the president of the prosperity conference. Around December 2011, Defendant B again retired from office on November 23, 2012, and Defendant C was appointed as the president’s acting representative.

The sectional owners of the instant commercial building have been separately managing the instant commercial building without performing the activities of the management body under the provisions of the Act on the Ownership and Management of Aggregate Buildings (hereinafter “Aggregate Buildings Act”) or not appointing a manager.

E. On July 201, H asserts that the Plaintiff’s management body is not a legitimate management body of the instant commercial building, and created a new management rules by organizing a temporary management body and entrusting the president of the management body. From October 20, 201 to November 4, 2011, H obtained a written resolution from the sectional owners of the instant commercial building, and the Plaintiff A Commercial Building management body (hereinafter “Plaintiff management body”) was from January 13, 201 to 30, among the total sectional owners, from January 13, 2012 to 50.

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