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(영문) 서울중앙지방법원 2016.01.29 2015가합19617
동산인도
Text

1. The Defendants jointly do so to the Plaintiff (Appointed Party).

1. Attached Form within the stated real estate;

2. Each description:

Reasons

1. Basic facts

A. The building B shopping mall, which is an aggregate building of five underground floors and twelve above ground floors, located in Jung-gu Seoul Metropolitan Government (hereinafter “instant building”), was opened around April 2006, but its business was suspended after several months due to the low sale rate.

B. The Defendants purchased part of the instant building from Korea Asset Trust Co., Ltd. (hereinafter “Stock Co., Ltd.”), and the ownership transfer registration was completed on June 23, 2014 with respect to the 10th floor Nos. 1001 and 1002 of the instant building (hereinafter “No. 1002”) (hereinafter “instant office”).

C. On June 30, 2014, the future comprehensive industry company asserted that it is the management company of the instant building. On June 30, 2014, part of the claims for unpaid public use management expenses against the sectional owners of the instant building were transferred to the Korea-Japan Asset Management Co., Ltd. (hereinafter “Plaintiff-Appointed Asset Management”) and notified the sectional owners of the assignment of claims on August 4, 2014.

Plaintiff

On August 2014, the Korea-China Asset Management and Future Comprehensive Industry, on the outer wall of the building of this case, post a flock card stating "(Korean-China Asset Management) (except for the 11, 12nd class portion) during the exercise of lien (except for the 11, 12nd class portion)", and on the building of this case, posted a notice stating "as the management of the Plaintiff's Korea-China Asset Management in the building of this case occupies the building for the exercise of lien, it is prohibited from unauthorized intrusion, etc." and argued the lien while occupying the building of this case.

E. Of the sectional owners of the instant building, 39 persons, including the Defendants (hereinafter “Defendants, etc.”) filed an application for provisional disposition prohibiting the access to and use of the building with the Seoul Central District Court 2014Kahap1253 against the officers and employees, including the Plaintiff’s Han Asset Management and Future Comprehensive Industry, and the representative director of the future comprehensive industry.

On November 24, 2014

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