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(영문) 서울고등법원 2019.08.22 2018나2043744
관리인 해임 청구의 소
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. In the first instance trial, the Plaintiff sought confirmation of the absence of the status of the administrator in Defendant B by the primary claim against the Defendants, and sought dismissal of the administrator in Defendant B by the preliminary claim.

The first instance court dismissed the part of the plaintiff's main claim against the defendant B, and all of the plaintiff's main claim against the defendant C management body and the conjunctive claim against the defendants.

As the Plaintiff appealed against the dismissal portion of each claim, the subject of this Court’s adjudication is limited to the primary claim against the Defendant C Management Body and the primary claim against the Defendant.

2. Basic facts

A. Defendant C management body (hereinafter “Defendant C management body”) is a management body established pursuant to Article 23 of the Act on the Ownership and Management of Aggregate Buildings (hereinafter “Act”) for the management of five aggregate buildings located in P, D, and Q in Guro-gu Seoul Metropolitan Government (hereinafter “instant aggregate building”).

B. The Plaintiff is a sectional owner (E) of the instant condominium building.

C. Defendant B has been performing the duties of the manager since it was appointed by the management body meeting of the Defendant management body held on March 11, 2007 as the manager.

On the other hand, on August 8, 2017, the defendant management body held a management body meeting with the "case of re-election of a manager" as an agenda item.

【Ground of recognition】 The fact that there is no dispute, Gap 1, 27 evidence, Eul 1, 2, and 6 evidence (including each number), the purport of the whole pleadings

3. The reasons why the court should explain this part of the judgment concerning the defendants' defense prior to the merits are as stated in Paragraph 2 of the judgment of the court of first instance. Thus, this part is cited by the main sentence of Article 420 of the Civil Procedure Act.

4. Judgment on the plaintiff's primary claim against the defendant management body

A. Defendant B’s assertion is an administrator whose term of office is not fixed at the management body meeting of Defendant B on March 11, 2007.

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