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1. C confirms that it is not the defendant's custodian.
2. The costs of the lawsuit shall be borne by C (D).
Reasons
Basic Facts
The following facts are not disputed between the parties, or may be acknowledged by comprehensively taking into account the whole purport of the pleadings as stated in Gap evidence Nos. 1, 3, 4, 8, and Eul evidence Nos. 1, 2, 10, 11, 15, and 18 (including each number, if any):
The Defendant is a management body established pursuant to the Act on the Ownership and Management of Aggregate Buildings (hereinafter “the Act”) for the management of the Seoul Gangnam-gu Officetel (hereinafter “the instant officetel”), and the Plaintiff is a sectional owner under subparagraph 1715 of the instant officetel. The instant officetel was completed on or around July 2014, but the management rules were not enacted or the manager was not appointed as a result of the lack of a management body meeting promoted on August 19, 2015 and November 19 of the same year. The instant officetel was held at the initiative of the management body’s meeting organized by some sectional owners (hereinafter “the first assembly of this case”). The resolution to appoint a management body as a manager at the instant meeting was adopted “the first meeting of this case”).
(A) was conducted
On July 13, 2016, the representative meeting of the management body is given a unique number from the director of the regional tax office in the name of the B management committee, but it seems not to be the management committee stipulated in Article 26-2 of the Aggregate Buildings Act.
In accordance with the first appointment resolution of this case, C filed an application for provisional disposition, such as suspending the performance of duties, against C on November 29, 2016, by asserting that it was appointed as the administrator of the instant officetel, and the Plaintiff filed an application for provisional disposition against C on November 29, 2016.
On April 28, 2017, the above court rendered a provisional disposition suspending C’s execution of duties.
C On July 11, 2017, "the second meeting of the management body" is called "the second meeting of the management body."
In the above assembly, 165 sectional owners and 4581.57 square meters of voting rights are held.