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(영문) 의정부지방법원 고양지원 2021.01.22 2020가합70765
집행문부여에 대한 이의의 소
Text

In the case of the defendant's Goyang Branch 2017, Gohap 76534, the defendant's Goyang Branch 2017 decided against the plaintiff.

Reasons

1. Basic facts

A. 1) The management unit C (hereinafter “the instant management unit”) is a management body established for the purpose of managing the instant building, site, and attached facilities, with all of the owners of the building divided into the building owner of the building “C” under the Act on Ownership and Management of Condominium-si and the building site and attached facilities in Gyeyang-si, Busan-si, and two Dong-gu, Seoul-gu, under the Act on Ownership and Management of Condominium-si.

2) The number of stores of the instant building is 297, and the Plaintiff owned 188 stores, while serving as the president of the instant management group, and F is the chairman of the “G Commercial Association” comprised of lessees of the instant building.

B. On April 2, 2015, the instant management body: (a) concluded a contract term with the Defendant from June 1, 2015 to May 31, 2016; and (b) one party to a contract automatically extended the terms and conditions of the same contract unless he/she expressly expresses his/her intent to renew the contract by not later than two months prior to the expiration of the contract term; (c) on March 31, 2016, the Plaintiff notified the Defendant of the refusal to renew the contract under the name of the instant management body; and (d) the said notification sent to the Defendant on April 1, 2016.

2) On September 13, 2016, the Plaintiff established a “C Management Group” with a new identification number with respect to the instant building (hereinafter “new management unit”), and entrusted H Co., Ltd. (hereinafter “H”) with the management of the instant building on September 20, 2016.

On September 20, 2016, the Plaintiff opened a new account in the name of “New Management Body A” with the I bank, and notified each store operator of the instant building of the fact that “from September 2016, 2016, each of the store operators of the instant building shall be deposited into a new account.”

3) Accordingly, the Defendant is not a legitimate management unit of the instant building, but a legitimate entrusted entity by the Defendant.

Each store operator is under the name of the defendant.

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