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(영문) 서울서부지방법원 2016.06.23 2015가단233633
집행문 부여 이의
Text

1. Each of the plaintiff's claims is dismissed.

2. With respect to cases of suspending compulsory execution, this Court shall decide on September 18, 2015.

Reasons

1. Facts of recognition;

A. The Steering Committee composed of representatives representing each floor has been engaged in the management and operation of B-building after completion of the B-office building located in Mapo-gu Seoul Metropolitan Government.

B. The 68 sectional owners of D and Btel filed an application for a temporary management body meeting with the Seoul Western District Court 2014 non-conforming39. On October 15, 2014, the said court decided that “by December 10, 2014, the appointment of the manager, the chairperson of the management body meeting, the resolution on the method of selecting the management body, and the temporary management body meeting of Btel for the purpose of meeting the enactment of the management rules,” and that “D et al. shall be permitted to convene the temporary management body meeting of Btel for the purpose of meeting” according to the purport of the above decision of permission for convocation, D et al. followed the procedure of public announcement of convening the management body meeting on November 13, 2014 under the name of “Btel Emergency Countermeasure Committee,” and that D et al. was elected

C. On November 24, 2014, the Defendant (representative D) filed a preliminary injunction (Seoul Western District Court 2014Kahap767) seeking the suspension of management (Seoul Western District Court 2014Kahap767) on the ground that the Plaintiff, without the resolution of the management body meeting, was a legitimate representative who had been elected among the representatives of each floor of Btels, and was in possession of all relevant accounting books, etc., the Defendant (representative D) filed a lawsuit seeking the suspension of management (Seoul Western District Court 2014Kahap767). On February 13, 2015, the said court rendered a decision that “A debtor (the Plaintiff of this case) shall not perform his/her duties as the manager of Btels management body.” 2. The debtor delivered the creditor (the Defendant of this case) with all materials, such as accounting books related to Btel building management in Mapo-gu Seoul Metropolitan Government (hereinafter “instant decision”).

After the instant decision, the Plaintiff rendered the instant decision to the Defendant on February 26, 2015.

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