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(영문) 서울북부지방법원 2015.07.16 2014가합23908
집행문부여에 대한 이의의 소
Text

1. The lawsuit of intermediate confirmation by the defendant (the intermediate confirmation plaintiff, the designated party) shall be dismissed;

2. The defendant intermediate confirmation plaintiff, .

Reasons

1. Basic facts

A. As the 8th floor above the ground, the 1 to 3th floor above the ground consists of commercial buildings, and the 4 to 8th floor is composed of apartment buildings. The Plaintiff (the intermediate confirmation Defendant; hereinafter referred to as the “Plaintiff”) composed of the sectional owners of the commercial buildings in this case has been collecting and using each management fee while managing the apartment part by dividing the apartment parts.

The defendant (the intermediate confirmation plaintiff, the designated party (the designated party), the designated party (hereinafter referred to as the "defendants"), and the defendant C (hereinafter referred to as the "defendants"), filed a lawsuit against the plaintiff and the 1-3th floor tenants of the building of this case (hereinafter referred to as the "Lessees") for the management of the building of this case by dividing the commercial building of this case and the apartment, and the organizations of the plaintiff et al. (hereinafter referred to as the "Lessees") for the management of the building of this case by dividing the building of this case into the building of this case and the apartment, and the organizations of the plaintiff et al., who collected and used the management expenses, collect the higher amount from the tenant of the commercial building of this case, including the defendants.

B. The appellate court (Seoul High Court 2006Na67543) filed the claim for damages on May 8, 2007, and the conciliation protocol (hereinafter referred to as the "instant conciliation protocol") was prepared. The main contents of the instant conciliation protocol are as follows.

1. The plaintiff et al. shall implement the following:

Plaintiff

The management body composed of sectional owners of the instant building shall be organized, and the existing management body of the said aggregate building, including the plaintiff, etc., shall be dissolved at the same time.

B. The new management body shall have specific entities from the date of its inaugural general meeting and shall hold the above inaugural general meeting until July 10, 2007.

C. The organization of the above management body and the inaugural general meeting are to be organized, but D, the representative of the plaintiff.

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