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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
가. 2008. 5. 26. 사용승인을 받은 지하 7층, 지상 18층짜리 철근콘크리트조 건물인 서울 강남구 역삼동 701-1 소재 역삼아르누보씨티는 지하 2층부터 지상 4층까지와 지상 18층은 위락시설, 제1종 및 제2종 근린생활시설로 구성된 상가, 지상 5 내지 17층은 오피스텔, 지하 7 내지 3층은 지하주차장, 창고, 휀룸, 물탱크실 등으로 이루어져 있다.
B. The subject matter of the instant request for delivery (hereinafter “the subject matter of the instant building”) is each warehouse of the toilet, corridor, street, underground third floor warehouse, article air room, fire-fighting pumps room, and underground 4 through 7th floor above ground.
C. The Plaintiff is an organization established by 7 co-owners of the commercial building in the reverse Trimanship, claiming that the part of the building in this case is part of his common use area, and thus the purpose of which is to carry out the business of managing the part of the building in this case is to carry out the business of managing the part of the building in this case. The Defendant reverse Trimanship management body (hereinafter “Defendant management body”) is a management body composed of all sectional owners of reverse Trimanship pursuant to Article 23(1) of the Act on the Ownership and Management of Aggregate Buildings, and Defendant Xieiei Co., Ltd. (hereinafter “Defendant Company”) is a company that performs the business of managing the section for common use of reverse Trimanship pursuant to the entrustment management contract with Defendant management body.
Since the date of approval for use, the management business of the Suhman S. S. S. and S. (hereinafter “Nonindicted Company”) has been entrusted by the management method, and the Defendant management body, whose contract term with the Nonparty Company has expired as of June 30, 2012, expressed its intention not to renew the contract, and requested the delivery of the section for common use by the Nonparty Company.
E. As the non-party company refuses to deliver, the Defendant’s management body is the Seoul Central District Court on November 6, 2012.