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(영문) 서울중앙지방법원 2015.01.29 2013가합86187
임시관리단집회결의무효 등
Text

1. The plaintiffs' lawsuits against defendant E are dismissed.

2. On November 16, 2013, Defendant D’s managing body is temporary.

Reasons

1. Basic facts

A. Defendant management body and Defendant D management body as the Plaintiffs (hereinafter “Defendant management body”) are a management body established automatically pursuant to the Act on Ownership and Management of Condominium Buildings (hereinafter “Act on Ownership and Management of Condominium Buildings”) for the purpose of implementing the management project of D, an aggregate building of the 7th floor from the 6th underground floor located on the 7th ground, Jung-gu, Seoul, Seoul, and the 7th underground floor located on the 7th ground, and the Plaintiffs are co-owners of the instant aggregate building.

B. On May 14, 201, the Defendant management body held a temporary management body meeting of the instant aggregate building at the Gu Community Center in Jung-gu Seoul, Seoul, and passed a resolution to appoint the Plaintiff as the manager. 2) On May 24, 2011, G, who was the manager of the Defendant management body, was the Seoul Central District Court 201Kahap1309 against the Plaintiff A as the head of the management body of the instant aggregate building or the manager under the Act on the Ownership and Management of Aggregate Buildings, and filed an application for provisional disposition of prohibiting interference with business with the purport that it shall not engage in any and all acts using the seals indicating the name of the management body of the instant aggregate building, and the said court accepted the said application on August 23, 2011.

3) On January 30, 2012, Plaintiff A raised an objection to the determination under the foregoing paragraph (2) above, but the said court authorized the said determination on April 23, 2012. Plaintiff A appealed on May 17, 2012, and the Seoul High Court, the appellate court of which was the appellate court, revoked the first instance decision as of September 2013, 2012.

In Seoul Central District Court 201Kahap1309, the above court's provisional disposition order was revoked on August 23, 2011.

A creditor (G) made a decision of acceptance of appeal that the petition for provisional disposition is dismissed (hereinafter referred to as the "decision of acceptance of appeal of this case").

C. Defendant E, the president of the gathering, who is a guardian registered as the candidate for the administrator of the Defendant management body.

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