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(영문) 서울남부지방법원 2016.01.29 2015나56319
집행문부여에 대한 이의의 소
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The Defendant is a management body comprised of all sectional owners for the management of A (hereinafter “instant building”) which is a building of Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu, D’s underground fourth floor, and ground 11th floor pursuant to the Act on Ownership and Management of Condominium Buildings (hereinafter “Aggregate Buildings Act”).

B. The Plaintiff and the Defendant’s representative F, as joint managers of the instant building, have carried out the Defendant’s work together. On May 15, 2012, the Defendant held a management body meeting and resolved to dismiss the Plaintiff from the manager.

The Plaintiff filed a lawsuit against the Defendant seeking confirmation of invalidity of the resolution passed at the meeting of the management body as Seoul Southern District Court 2012Gahap9332, but was sentenced to the dismissal ruling on February 7, 2013. On this point, the Plaintiff appealed as Seoul High Court 2013Na16956, and subsequently amended the purport of the claim to seek confirmation of absence or invalidation of the resolution passed at the meeting of the management body, but was sentenced to the effect that the resolution passed at the dismissal of the Plaintiff was valid on March 21, 2014.

C. After filing an appeal with the Supreme Court Decision 2014Da27562 regarding the above appellate judgment, the Plaintiff continued to dispute against the Defendant regarding the reversion of management rights.

The defendant made the plaintiff as the respondent and applied for provisional injunction against obstruction of business as Seoul Southern District Court 2014Kahap246, and the above court made a decision on July 2, 2014 as follows.

(hereinafter “instant original decision”) / [Disposition]

1. The respondent (the plaintiff of this case) shall not perform any act listed in the separate sheet.

2. The execution officer shall publicly announce the purport of the said order in the proper manner.

3. Where the respondent violates the order under paragraph (1), he shall pay 2,000,000 won per day of the violation to the applicant (the defendant of this case).

(hereinafter referred to as "attached List")

1. Demanding and collecting monthly management expenses from the occupants of the building in this case;

2. The building of this case.

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