logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2020.05.13 2019가단264360
채권양도절차이행청구의 소
Text

1. The defendant attempts to return the deposit money deposited in the attached list account to the plaintiff.

Reasons

According to the statements in Gap's evidence Nos. 1 through 19, the Gangseo-gu Seoul Metropolitan Government F apartment (hereinafter in this case) is a major complex building (130 households and 28 rooms of apartment houses) completed September 20, 200, which is a management organization organized to manage apartment houses under the former Housing Act and its Enforcement Decree. The building permission date of the apartment in this case was August 14, 1997; the approval date was September 20, 200, which was constructed after obtaining a building permit under the Building Act. The owners of the apartment in this case convened an extraordinary general meeting as of December 27, 2018, and formed the plaintiff who was the management organization under the Act on the Ownership and Management of Aggregate Buildings, and then decided to appoint G, etc. to whom the representative of the defendant was the representative of the defendant, and the plaintiff was declared as invalid by the Seoul District Court as of May 28, 2017.

Since the Plaintiff’s right to manage the instant apartment belongs to the Plaintiff, the Plaintiff filed a claim for the transfer of deposit claims on each account entered in the attached Table in which management expenses, etc. for the management are deposited, and the Defendant claimed that it is difficult for the Plaintiff to transfer the deposit claims before receiving an audit.

The Act on the Ownership and Management of Aggregate Buildings, even if the representative meeting of occupants is separately formed and the management right under the Housing Act is separately formed, in the case of multi-family housing in a multi-family complex type that received a building permit under the Building Act before the Housing Act was amended by Act No. 8383, Nov. 30, 2007.

arrow