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(영문) 수원지방법원성남지원 2013.12.10 2012가합11699
관리권부존재확인 및 건물인도 등
Text

1. Of the instant lawsuits, the part of the Plaintiffs’ claim for confirmation of management rights is dismissed, respectively.

2. Plaintiffs, Defendant D.

Reasons

1. Basic facts

A. D, which was constructed on the land of Sung-nam City, is an apartment-type factory under Article 2 subparagraph 6 of the former Industrial Placement and Factory Establishment Act (amended by Act No. 6842 of the Industrial Cluster Development and Factory Establishment Act) (amended by Act No. 6842 of April 12, 2010, whose name is changed to “M”).

B. D consists of Adong, B Dong, Cdong, D Dong, E Dong (each building listed in attached Table 1) and management Dong (attached Form 2), and the above Adong, B Dong, Cdong, D Dong, and E are the condominium buildings owned by many sectional owners (hereinafter referred to as the “instant condominium buildings”), and the above management Dong (hereinafter referred to as the “instant management Dong”) is the co-owned buildings owned by all sectional owners of the instant condominium buildings.

C. Plaintiff A is the owner of the above D B B No. 206, 504-1, and 218 underground, and Plaintiff B is the owner of the above D C No. 219, and Plaintiff C shares 1/5 of the above D No. 201 underground.

Since Defendant D Management Corporation (hereinafter referred to as Defendant D Management Corporation) was established on June 16, 200 as its members with the company that has moved in by sale or purchase of D for the purpose of D management and with the consent of lease, and until now, since it was established on June 16, 200, attached Form 2 of the management Dong of this case.

3. Drawings 1, 2, 3, 4, 5, 6, 147 square meters of office on board (hereinafter “instant office”) that connects each point of 147 square meters in sequence, in possession and use of drawings indication 1, 2, 3, 4, 5, 6, 1 (hereinafter “instant office”). Defendant E, F, G, and H are employees of the Defendant Management Corporation.

E. The owners of the instant condominiums are entitled to the Act on the Ownership and Management of Aggregate Buildings on April 25, 2008.

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