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(영문) 인천지방법원 2018.09.06 2018가합53114
건물명도(인도)
Text

1. The Plaintiff:

A. Defendant B Co., Ltd. shall indicate the attached Form 2 No. 1, 2, 3, 4, among the buildings listed in the attached Table 1 list.

Reasons

1. Basic facts

A. The attached Table 1 list located in Seo-gu Incheon Metropolitan City (hereinafter “instant building”) is an aggregate building to which the Act on the Ownership and Management of Aggregate Buildings (hereinafter “the Aggregate Buildings Act”) applies, and the number of sectional owners is 25 (37 households).

Defendant B (hereinafter “Defendant Company”) is a company entrusted with the management of the instant building by the executor of the instant building (hereinafter “instant management entrustment agreement”) and Defendant C is the Director of the Management Office of the instant building.

B. Some sectional owners, such as E, requested the Defendant Company to convene a management body meeting on November 201, 2017, but refused to do so. On November 25, 2017, a resolution was passed to hold an inaugural general meeting of the management body (hereinafter “Inaugural general meeting of the management body”) on the agenda of the appointment of the manager, auditor, etc., and the change of the management body of the instant building, etc., and to appoint E as the manager, as auditor, and to terminate the contract for the entrustment of management of the instant building with the Defendant Company.

C. When the inaugural general meeting of the management body was at issue, E and F decided to convene an extraordinary management body meeting on the following agenda at the beginning of February 2018, and obtained the consent of 14 sectional owners of the instant building.

E and F have publicly announced the purport that “A temporary management body meeting for the re-verification, etc. of the appointment of a manager pursuant to Articles 24(1), 29(1), and 34 of the Multi-Family Building Act” will be held on February 19, 2018,” and that “A temporary management body meeting shall be held on February 19, 2018,”

2. 12. Each sectional owner sent a notice of notification to that effect.

The notice of the above notification and convocation shall be indicated as follows:

(2) The case of re-verification of the appointment of a manager. (3) The case of the establishment of the management rules.

D. The provisional management body meeting of the instant building held on February 19, 2018 (hereinafter “instant assembly”).

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