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(영문) 서울남부지방법원 2015.06.18 2014가합113396
관리인해임 청구의 소
Text

1. The defendant E shall be removed from the office of the manager of the defendant D Building Management Body;

2. The costs of lawsuit are assessed against the Defendants.

Reasons

1. Basic facts

A. Party status 1) The Plaintiffs are the Aggregate Building (hereinafter “instant Building”) comprised of the F, 4 underground floors, and 11 floors above ground located in Yeongdeungpo-gu Seoul Metropolitan Government and 86 rooms.

2) The Defendant DBuilding Management Body (hereinafter “Defendant Management Body”) is an organization consisting of all sectional owners for the management of the instant building under the Act on Ownership and Management of Condominium Buildings (hereinafter “Building Act”), and Defendant E is a manager.

B. 1) H, I, J, and K began to construct the instant building on or around November 6, 1989, when the site for the instant building was owned by the owner of the instant building. On September 2, 1991, K transferred the right related to the instant building to L, who is the husband of Defendant E, and on October 28, 191, the instant building was completed. On January 14, 1992, H, I, J, and L completed registration of initial ownership as to each of the instant building owned by four co-ownership or sole ownership. The first and seventh floors of the instant building were co-owners of the instant building and the first and seventh floors were co-owners of the instant building, and most of the remaining floors were sold to others, and the co-owners of the instant building were assigned to the Plaintiff Co-ownership of the instant building (hereinafter “Co-ownership of the Plaintiff”) and the co-ownership shares of the Plaintiff Co-owner of the instant building (hereinafter “Co-ownership of the Plaintiff”).

3) The sectional owners of the instant building are Defendant E’s side, Plaintiffs’ side, and the rest of sectional owners (hereinafter “third sectional owners”).

The sectional owners are divided into Defendant E (A) and the Plaintiff A (A) and the third sectional owners (A0%) can be divided into approximately 10% (Seoul Southern District Court 2014Na2858. C).

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