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(영문) 서울고등법원 2015.09.11 2014나2031644
관리비
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff (Counterclaim defendant)'s claim on the principal lawsuit is dismissed.

3. The plaintiff (Counterclaim defendant).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. An aggregate building in the attached list (hereinafter “instant apartment building”) is a main complex building with the size of five underground floors and fifteen floors above ground, and there are 61 business facilities and neighborhood living facilities from the second to the seventh floor above ground (hereinafter “instant commercial building”), and there is an apartment building with 54 households from the 8th to the 15th floor above ground (hereinafter “instant apartment building”).

Part of the ground 4, 5th floor of the building of this case is an apartment stairs room, part of the apartment 6, 7th floor is an apartment 1, 2, 5th underground, part of the 3, 4th underground, and the 5th underground floor parking lot, and the 5th underground floor mechanical room and the 5th underground floor electric room are separated and used by the facilities of the commercial building and the apartment.

B. After completion of the building on September 16, 1998, the building of this case was managed by the Overseas Security Industry, the controlled entity designated by the Ansung Development Co., Ltd. (hereinafter “SM development”), the owner of the building, and the owner of the building, and the owner of the building. The apartment of this case started to separately manage the apartment of this case from November 1, 1999, after organizing the “A Autonomous Housing Council” (hereinafter “the apartment of this case”) around October 1999.

C. On November 30, 200, the instant commercial building was managed by the Seodaemun Industrial Development Co., Ltd. that entered into a management service contract with the Ansan Development Co., Ltd. (hereinafter “Seosung”) and was directly managed by the Plaintiff from June 2013.

On April 2, 2015, the Plaintiff: (a) held an ordinary general meeting on April 2, 2015 and set up “A management rules to substitute the Plaintiff’s existing articles of incorporation (hereinafter “former Articles of Incorporation

(hereinafter referred to as the “instant rules”). (e)

On the other hand, the defendant acquired the ownership of 306 commercial buildings in the auction procedure on April 15, 201.

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