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(영문) 대법원 2019.05.10 2017다284465
집행문부여에 대한 이의
Text

All appeals are dismissed.

The costs of appeal are assessed against each party.

Reasons

The grounds of appeal are examined.

1. Plaintiff’s ground of appeal

A. As to the ground of appeal No. 1, the court below acknowledged the fact that the decision of the provisional disposition of this case was confirmed to the effect that "the plaintiff shall not claim and collect monthly electric power rates from the occupants of the building of this case" based on adopted evidence, and it appears that ① whether the defendant has a right to claim the electric power rates directly from the lessee should be asserted in the procedure disputing the validity of the decision of the provisional disposition, there is no ground for restrictive interpretation of the main text of the decision of the provisional disposition of this case for which the duty of omission is imposed, ②

In addition, it is difficult to readily conclude that the Plaintiff settled the electricity charges with the lessees, and even if the Plaintiff paid the electricity charges in advance, considering the fact that the Plaintiff’s settlement of the electricity charges without distinction between the lessee and the section for common use brings about the result of the Plaintiff’s settlement of the electricity charges concerning the exclusive portion that the Defendant may directly claim against the lessee, the Plaintiff’s collection of the electricity charges from the lessees constitutes a prohibited act stipulated in the instant provisional disposition

In light of the relevant legal principles and records, the above determination by the court below is just, and contrary to the allegations in the grounds of appeal, there were no errors by failing to exhaust all necessary deliberations or by misapprehending the legal principles on the interpretation of the order

B. Reviewing the reasoning of the lower judgment and the record on the ground of appeal No. 2, as to the Defendant’s administrator, D issued a notice of convening a temporary management body meeting on May 30, 2016 for the purpose of appointing a new manager on May 18, 2016. At the above temporary management body meeting, 16 of the total sectional owners present at the meeting.

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