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(영문) 수원지방법원 2018.06.21 2016나22933
관리비
Text

1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revoked part is revoked.

Reasons

1. Facts of recognition;

A. (1) The current status of sectional owners of the instant commercial building (hereinafter “instant commercial building”) consisting of a total of 30 O through P, Q through R, (S through M, W through V, Y through Z, AC through AD, AC through AD, I through E, D through E, and G and F (hereinafter “F, etc.”) with respect to the entire divided stores on April 12, 2004, respectively.

(2) As to the portion of the instant commercial building, F on November 12, 2004, with respect to the portion of 1/4 each of the instant divided stores, and on April 15, 2005, G completed the registration of ownership transfer to each of the Defendant and H, and the Defendant and H shared 1/2 each of the shares. After which, on October 4, 2016, the registration of ownership transfer was completed on the grounds of sale by auction for division of common property between the Defendant and H.

(3) On the other hand, on May 11, 2016, G divided 1/2 shares of 1/2 of the instant shopping mall I into shares of J, K, L, M, and N, his own children or grandchildren, and completed the registration of ownership transfer on the grounds of donation.

B. On April 12, 2004, the Plaintiff’s substantial organization (1) of the instant shopping district management body continues to be in the state where the management body was not actually organized after the registration of preservation of ownership was completed. On June 7, 2016, three sectional owners (F, J, and the divided stores of the instant case do not designate the representative between the Defendant and H) with the consent of two (F, and H) from among those sectional owners holding a general meeting for the management body on June 7, 2016, appointed F as the Plaintiff’s manager, and the Plaintiff held a general meeting on November 1, 2017.

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