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(영문) 서울고등법원 2016.09.02 2016나2028680
관리인해임청구
Text

1. Revocation of a judgment of the first instance;

2. The instant lawsuit shall be dismissed.

3. The Plaintiff’s purport and purport of the claim on July 14, 2016.

Reasons

1. The reasons why the court should explain this part of the basic facts are as stated in the corresponding part of the judgment of the court of first instance, except for the addition of the following in the fourth part of the judgment of the court of first instance, which is subsequent to the fourth part of the judgment of the court of first instance. As such, this part is cited in accordance

3) On May 11, 2016, the Defendant management body publicly announced that “the temporary management body meeting of the Defendant management body for the election of the manager who was scheduled to be held on June 11, 2016 at the beginning of the first year was inconsistent with the requirements for the registration of the candidate for the manager and the requirements required documents.” On May 17, 2016, the Defendant management body again announced that “the temporary management body meeting of the Defendant management body for the election of the manager shall be held on July 9, 2016.”

5) Defendant B again was appointed at the temporary management body meeting held on July 9, 2016 as the manager. On July 14, 2016, the Plaintiff filed an application for change of the Plaintiff’s purport of the claim, etc. at the trial court, following the appeal: “(i) Defendant B unlawfully organized an election commission for the manager of the Defendant management body; (ii) requested the candidate registration requirements and required documents not provided for in the Act on Ownership and Management of Condominium Buildings; and obstructed the Plaintiff’s candidate registration; (ii) the temporary management body meeting held on July 9, 2016 did not have the power of delegation and written resolution by the instant officetel owner or lessee; and (iii) Defendant B was not in the position of the manager; and (iv) requested the temporary change of the management body meeting as the reason for dismissal of Defendant B’s new manager, such as holding the temporary management body meeting on July 9, 2016.”

For this reason,

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