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(영문) 서울남부지방법원 2014.06.13 2013가합106018
관리인지위부존재확인등 청구의 소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. Attached Form 1 of the Parties

1. The written aggregate building (hereinafter “instant building”) is used as an apartment (total of 86 households; hereinafter “instant apartment”) and a commercial building (total of 66 stores; hereinafter “instant commercial buildings”) from the first floor to the fourth floor from the ground level from the fourth floor from the ground level to the fourth floor from the ground level, and the Plaintiff is the owner of the instant commercial building (total of 66 stores; hereinafter “instant commercial building”).

2. After the completion of registration of preservation of ownership of the instant building, the Integrated Management Group of the instant commercial building and apartment buildings entrusted the management of the instant building to Ac IMS, and managed the instant building. The sectional owners of the instant commercial building decided to hold an ordinary general meeting on August 24, 2001 and set up a separate management body of the commercial building on September 1, 2001, while establishing an independent management rules, and around that time, the sectional owners of the instant apartment buildings constituted a separate management committee.

Attached Form among the instant building by the Defendant

2. According to the management of the part of the instant building, which is the object of management of the said part, separately from the apartment part, the Defendant concurrently held the status of the management body for the section for common use under Article 23(2) of the Act on the Ownership and Management of Aggregate Buildings (hereinafter “the Aggregate Buildings Act”), and the president of the Defendant concurrently held the status of the management body for the section for common use.

B. On June 13, 2011, the Defendant held a general meeting of shareholders on June 13, 201, and passed a resolution to elect the Plaintiff as the president and the administrator, and passed a resolution to renew the Plaintiff’s status at the special meeting of shareholders on September 22, 2011. 2) The Defendant filed a lawsuit against the Defendant on June 30, 201 to confirm that C, D, E, and F, the sectional owners of the instant commercial building, did not hold the Defendant’s position as the president and the administrator (Seoul Southern District Court 201Gahap12058), and against the Plaintiff.

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