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(영문) 부산고등법원 2020.05.20 2019나57506
관리비
Text

1. The plaintiff's appeal is all dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The Plaintiff’s main grounds for appeal citing the judgment of the court of first instance are not significantly different from the allegations in the court of first instance, except the following additional parts, and even if the evidence submitted to the court of first instance is examined, the recognition of facts in the court of first instance and the

The reasoning of the judgment of this court is as follows, and it is identical to the reasoning of the judgment of the first instance except for the dismissal or addition as set forth in the judgment of the first instance.

[Supplementary or added parts] The 5mix 3107.5m2 from the 2nd side of the 2nd side of the 5mix “Yansan Shipping Daegu D & 3107m2” shall be dried up to the 3107m3m2 of the 3107m2.

The 3rd parallels to 4th parallels shall be dried as follows:

3) On April 15, 2015, some sectional owners of the instant aggregate building held the Plaintiff’s inaugural general meeting and resolved to dismiss A from the controlled entity of the instant aggregate building and to select a new entrusted manager. Since then, the Plaintiff filed a provisional disposition against A with Busan District Court 2015Kahap1032 on September 10, 2015 on the ground that the resolution to dismiss A from the controlled entity of the instant aggregate building cannot be deemed lawful.

Therefore, on September 23, 2015, the sectional owners of the instant condominiums held a management body meeting to organize the Plaintiff, appointed F as the manager, and made a resolution to dismiss A from the controlled entity.

"The 3rd plaintiff is not a contract, but a contract is based on the Act on Ownership and Management of Condominium Buildings, and it is attributed to the management body. A shall act on behalf of the plaintiff before the plaintiff actually formed and the actual autonomous management is commenced.

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