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(영문) 서울고등법원 2015.09.22 2014나59882
채무부존재확인
Text

1. Of the judgment of the first instance court, the part against the Defendant (Counterclaim Plaintiff) is modified as follows.

Attached Form

1. The description of the building;

Reasons

1. Basic facts

A. On February 20, 2013, Plaintiff A, B, and C (hereinafter “Plaintiff A, etc.”) (hereinafter “Plaintiff P, etc.”) Company P, and Plaintiff D, August 30, 2013; and Plaintiff E, August 30, 2013, respectively, on the attached sheet, August 30, 2013.

1. Attached Form among the condominium buildings in a building (hereinafter referred to as “instant building”);

2. Each sectional owner who acquired the ownership of each corresponding sectional owner in the details of sectional ownership of the Plaintiff (Counterclaim Defendant). The Defendant is a sectional owner who established a management body with the aim of implementing projects relating to the management of the building and its site and its accessory facilities by making all sectional owners as members if the sectional ownership of the building is established in relation to the building under Article 23(1) of the Act on Ownership and Management of Condominium Buildings (hereinafter referred to as “each sectional owner”).

The management body consisting of all sectional owners of the building of this case under this Act.

B. On June 30, 2012, before the plaintiffs acquire each of the separate stores of this case, the defendant made a resolution to entrust the plaintiffs with X-ray (hereinafter “the resolution of June 30, 2012”) at the meeting of the management body on June 30, 2012 (hereinafter “the resolution of June 30, 2012”), the joint defendant X-ray Co., Ltd. of the first instance court of this case (hereinafter “EXE”).

Article 2 (Terms and Conditions of Contracts) (1) B (EXE) content of the supply of and demand for the management of common areas of the building to be performed shall be as follows:

Cleaning

(b) General facilities management;

(c) Regular inspections of facilities;

(d)electric inspection;

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