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(영문) 대구지방법원 2014.09.16 2014가합5610
건축물관리행사패쇄 등
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is the owner of “E” (hereinafter “instant building”) 102, an aggregate building consisting of 18 households on the 9th anniversary of Daegu-gu D ground, Daegu-gu, and the Defendants are the co-owners of the instant building 602.

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 B as the management chairperson, Defendant B as the vice-chairperson, and Defendant I (N’s husband, the owner of No. 402) as the manager. On January 25, 2013, the management body (hereinafter “management body of this case”) decided to hold the second management body meeting and select the general management of the instant building as the controlled entity of the instant building.

C. Regarding the resolution of the second management body meeting of the instant building, the consent of 14 persons among the sectional owners of the instant building (No. 201O, 301, 502, and 901 each Co., Ltd. L, 302 P, 401, Q, 402, N, 501 R, 601 S, 602, Defendant B, 701 T, 801 U, 802 V, 902) was obtained.

On January 25, 2013, the manager I entered into a management agreement with the general management officer on January 25, 2013 to January 24, 2015, with the content that the contract period is from January 25, 2013 to January 24, 2015, the management service cost is KRW 2,847,00 per month, and the scope of the management service in the building of this case, where two managers are stationed in order to carry out all the affairs in the building of this case, and the imposition and collection service is carried out by settling accounts for each household by calculating the management expenses for public use, and accordingly, the management officer is performing the management of the building of this case until the closing date of the argument of this case.

E. On February 3, 2013, the instant management body: (a) held the third management body meeting on February 3, 2013 and set the management expenses for the portion at KRW 200,000 per month on December 2012 of the instant building; (b) decided to pay the management expenses according to the notice from September 201 to November 2012; and (c) the management expenses for the instant building are paid by the Daegu Bank passbook (Account Number: J) in the name of the manager.

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