logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.09.29 2016가합512212
임시집회무효확인
Text

1. The plaintiffs' claims are dismissed.

2. Of the costs of lawsuit, the part pertaining to the participation in the litigation is the intervenor joining the Plaintiff.

Reasons

Basic Facts

The following facts may be found either in dispute between the parties or in full view of the respective entries and arguments set forth in the Evidence Nos. 2, 3, 4, and 1, 2, 4, 10, 11, 12, 14 through 19 (including each branch number, hereinafter the same shall apply), and the whole purport of the arguments:

The plaintiffs are sectional owners of Gangnam-gu Seoul Metropolitan Government C commercialtel (hereinafter referred to as “instant commercial building”), and the defendant is a management body established with the members of the sectional owners of the instant commercial building as members under the Act on the Ownership and Management of Aggregate Buildings (hereinafter referred to as “Aggregate Buildings Act”).

On June 11, 2015, the sectional owners of the instant commercial building, including the Plaintiff A, filed a lawsuit seeking confirmation of the existence of management or abandonment, against the Defendant, as the result of the management body assembly in 2006 and the resolution to appoint E as the manager from the management body assembly in 2007 to the management body assembly in 2007, and as such, E currently performs the duties of the manager. As such, the said court filed a lawsuit seeking confirmation that E is not in the management body’s status. On December 17, 2015, the said court rendered a judgment on the claimant’s petition that “E is not in the management body’s status,” and the said judgment became final and conclusive as the withdrawal of the appeal by the Defendant management body on February 5, 2016.

On October 28, 2015, after filing the lawsuit, F, the Plaintiff of the lawsuit for the suspension of performance of duties and the confirmation of the existence of abandonment, as a sectional owner of the instant commercial building, filed an application for the suspension of performance of duties and the provisional disposition for the appointment of an acting agent under the court 2015Kahap81289, which was the date of filing the lawsuit. On December 28, 2015 and January 20, 2016, the said court rendered a decision that “A shall suspend the performance of duties as a custodian until the judgment of the lawsuit for the confirmation of the existence of the existence of the management or abandonment, and appoint G attorney as the acting representative during the period of the suspension of performance of duties.”

Temporary 26 February 2016

arrow