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(영문) 서울고등법원 2016.09.06 2015나2046148
집행문부여에 대한 이의의 소
Text

1. The appeal by the defendant (the intermediate confirmation plaintiff and the designated party) shall be dismissed;

2. The appeal cost is the Defendant intermediate confirmation Plaintiff.

Reasons

1. The grounds for the judgment of the first instance (excluding the part of paragraph (c) of Article 420 of the Civil Procedure Act) shall be quoted for this judgment pursuant to the main sentence of Article 420 of the Civil Procedure Act

However, as follows, the defendant added the judgment on the argument that was made by this court.

2. Additional determination

A. The purport of Article 1(a) of the conciliation protocol of this case (hereinafter “instant conciliation clause”) is that the existing management organization including the Plaintiff is dissolved, and the integrated management group composed of all sectional owners of the building of this case is newly established. Article 2(b) of the instant conciliation clause is that the said management organization with specific substance by July 10, 2007.

However, the management body, which is newly organized, was unilaterally established by D, the representative of the plaintiff, and is merely an organization on the extension of the plaintiff, and thus cannot be deemed as having established a specific entity.

In addition, as in the previous mediation of this case, D's organization (the plaintiff or NOG apartment management committee) and L's organization (KOG apartment management committee or OOG apartment autonomous council) have managed the parts of commercial buildings and apartment buildings independently, as in the previous mediation of this case, even until now, the integrated management group in accordance with the purport of the mediation protocol of this case cannot be deemed to have been formed.

As such, insofar as the Plaintiff did not implement the matters stipulated in the instant adjustment clause, the granting of the instant execution clause to the Defendant and the designated parties is lawful.

B. The conciliation clause (2) of this case that the defendant and the designated parties granted the execution clause refers to the plaintiff and the K counterpart apartment management council, and the J apartment self-government council, which are the existing voluntary organizations such as the plaintiff.

The management body of the instant conciliation clause 1-b “newly organized management body will have a specific entity from the date of the inaugural general meeting, and shall hold the above inaugural general meeting until July 10, 2007.

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