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(영문) 수원지방법원 2018.12.07 2018가합12646
관리행위중지 등
Text

1. On January 13, 2015 between the defendant and D Co., Ltd., as to each building indicated in the indication of the attached real estate.

Reasons

1. Presumed factual basis

A. The Plaintiff A management body (hereinafter “Plaintiff A management body”) is a management body established automatically pursuant to Article 23 of the Act on the Ownership and Management of Aggregate Buildings with all sectional owners of the building indicated in paragraph (1) of the attached property indicated in paragraph (1) of the attached Table as the members of the sectional owners of the building. The Plaintiff B management body (hereinafter “Plaintiff B management body”) is a management body established automatically pursuant to Article 23 of the Act on the Ownership and Management of Aggregate Buildings with all sectional owners of the building indicated in paragraph (2) of the above real property as all sectional owners of the building.

B. The Defendant concluded an entrustment management contract with D Co., Ltd. (hereinafter “D”) on January 13, 2015 before each of the above buildings (hereinafter “each of the instant buildings”) and managed each of the instant buildings upon entrustment.

(hereinafter referred to as the “instant management contract”). (C)

On December 8, 2016, the Plaintiffs publicly announced the convening of the management body meeting as of December 17, 2016 to the sectional owners. On December 17, 2016, Plaintiff A’s management body meeting held a management body meeting A (hereinafter “A management body meeting”) on December 17, 2016, with the consent of 53.76% (48 written delegation, 39 written resolution, 9, 93 in total) from among the sectional owners A, and with the consent of 5,85.96 square meters in total, with the consent of 3,11.86 square meters in total (53.14%) among the 5,85.96 square meters in total, the Plaintiffs appointed an executive officer of the management body meeting as the manager and elected the executive officer of the management body, and decided to have the selection of the executive officer of the management body at the management body’s meeting (hereinafter “A management body’s meeting”), Plaintiff B’s 197% of the total area delegated by 35196% of the sectional (hereinafter “B”).

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