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The plaintiff's appeal is dismissed.
Expenses for appeal shall be borne by the plaintiff.
Purport of claim and appeal
purport.
Reasons
1. Basic facts
A. The Plaintiff is a management body established by consisting of all sectional owners pursuant to Article 23(1) of the Act on the Ownership and Management of Aggregate Buildings with respect to a building A, which is an aggregate building of the eightth floor and the second floor underground, located in Bupyeong-si, Seocheon-gu, Seoul, and the second floor (hereinafter “instant building”).
On August 17, 2002, the Defendant acquired ownership of the instant building F No. 96.61 square meters, and leased part of the ownership to G, as “D,” and leased D No. 4 (hereinafter “D”) around April 2013. Around November 2013, the Defendant leased F No. 1 (hereinafter “F store”) remaining after separation to G, to the Defendant’s Intervenor.
B. H around 2006 was appointed as a manager of the instant building.
A Co., Ltd. I (hereinafter “I”) is a company that has performed the management of the building of this case since 2004.
H and I have collected management expenses of the building of this case through the new bank J account (a depositer: H (A management body); hereinafter “the previous account”). On June 4, 2014, the extraordinary management body meeting (hereinafter “instant management body meeting”) was held with the “election of the head and executive officers of the instant building.” On the same day, the resolution was adopted to appoint K as the manager of the building of this case with the consent of all the members present at the management body meeting (hereinafter “instant appointment resolution”). On the same day, K announced that it was elected as the manager of the building of this case as the Plaintiff manager, and on June 24, 2014, K deposited management expenses of the national bank L account (hereinafter “new account”) as the manager of the previous management body meeting of this case before the appointment of the new management body was made public announcement on June 13, 2015.