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(영문) 서울서부지방법원 2013.11.22 2013가합2184
부당이득금반환
Text

1. The plaintiff's primary and conjunctive claims are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a management body (hereinafter “Plaintiff management body”) comprised of sectional owners of an aggregate building (hereinafter “Plaintiff management body”) with a total floor area of 40,494.84 square meters of 257 square meters of 32 underground floors in Mapo-gu Seoul, Mapo-gu, Seoul, based on the Act on the Ownership and Management of Aggregate Buildings (hereinafter “Building Act”); and the Defendant also is a management body (hereinafter “Defendant management body”) comprised of sectional owners of an aggregate building with a total floor area of 40,494.84 square meters of 257 square meters of 32 underground floors in Mapo-gu, Seoul ( regardless of the name, the current management body of the Plaintiff is currently the management body of the first complex building in this case); and the Defendant is also a management body (hereinafter “Defendant management body”).

B. The sectional owners of the instant 1 and 2 complexes held the general assembly of the management body on February 3, 2008 without dividing the instant 1 complex building and the instant 2 complex building. A resolution was passed to appoint G as the manager of the management body by obtaining the consent of the majority of the sectional owners and the voting rights (area of exclusive ownership) on the basis of the entire sectional owners of the instant 1 and 2 complex building.

However, if the quorum is separately determined for the building of this case and the building of this case 2 complex, the building of this case 1 complex satisfies the requirements of a majority of sectional owners and voting rights, but the building of this case 2 complex did not meet the requirements of a majority of voting rights.

C. According to the above resolution of February 3, 2008, G was granted a unique number certificate with the name of the organization under the name of the Plaintiff management body. Since that time, G was actually managed as the manager of the entire buildings of this case 1 and 2.

After that, the Han-si Cooperative Complex Co., Ltd. (hereinafter “Korea-China”) and H have filed against G a provisional disposition of suspending the performance of duties as the manager of the building of the instant two complex under the Seoul Western District Court 2008Kahap2267.

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