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(영문) 서울동부지방법원 2019.06.13 2014가단48058
배당이의의 소
Text

1. The lawsuit of the plaintiff A management body shall be dismissed;

2. The plaintiff B's claim is dismissed.

3. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. 1) The Plaintiff’s management body is an aggregate building in Songpa-gu Seoul Metropolitan Government F (hereinafter “instant building”).

The Act on the Ownership and Management of Aggregate Buildings (hereinafter referred to as the “Act on the Ownership and Management of Aggregate Buildings”) consisting of all sectional owners.

(2) Pursuant to Article 23, the Plaintiff Company G, which owns a partitioned building equivalent to approximately 19% of the total size of the instant building, is a managing body composed of the instant building and the project for the management of its site and its accessory facilities. (2) The Plaintiff B is a executing company that constructed the instant building and a substantial major shareholder of G who owns a partitioned building corresponding to

3) Co. D is a company established on December 28, 201 by the sectional owner H, etc. of the instant building to impose and collect management expenses for the instant building. 4) The Defendant concluded a management service contract with H, etc. representing the Plaintiff’s management body around November 2010.

B. The organization of the Plaintiff management body and the appointment of the manager were commenced from June 2004 to September 2010, the instant building was not held by the management body meeting from around June 2004 or the manager was not appointed. During the foregoing period, G is the Plaintiff I (Ap of the representative director JB) who is the subsidiary company.

2) Around September 2010, H et al.: (a) organized a management body organization promotion committee for the establishment of the management body of the instant building; (b) notified sectional owners of the establishment of management rules, the appointment of executive officers of the management body, and the holding of a temporary management body meeting on October 23 of the same year to discuss the agenda items of controlled entities’ audits; (c) prior to the management body meeting, H et al. secured the delegation consent to the delegation of authority, such as meeting attendance and consent, opposition, and opinion submission, from the sectional owners equivalent to 42% of the total size, and 48% of the total number of households.

In addition, G also agreed to cooperate with the promotion committee for the organization of the management body.

3 Accordingly, held on October 23, 2010.

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