beta
(영문) 서울고등법원 2017.11.09 2017나2027240

대표자 및 총무 지위 부존재 확인의 소

Text

1. The plaintiff's appeal is all dismissed.

2. The costs of appeal shall be borne by D.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. 1) The Plaintiff is in the Nam-gu Incheon Metropolitan City E (hereinafter “instant commercial building”).

The Act on the Ownership and Management of Aggregate Buildings, composed of sectional owners, (hereinafter referred to as the “Aggregate Buildings Act”).

(2) Defendant B was appointed as the Plaintiff’s administrator at the Plaintiff’s ordinary general meeting held on January 25, 201 and performed the duties of the administrator from November 3, 201. Defendant B continued to perform the duties of the administrator until March 2015 because the administrator was not appointed even after the expiration of the term of office.

3) Defendant C was appointed as the Plaintiff’s general secretary according to the designation of Defendant B and continued to perform his duties until March 2015. (b) The content of the instant shopping district management rules of this case (hereinafter “instant management rules”).

1. The term "sub-owner" is defined as follows. 2. The term "sub-owner" means a person who actually operates a pre-sale store as a person who has the right to use and benefit from the use of each subparagraph of the building. 3. The term "sub-sale" means a person who has leased each shop for a certain period from the sectional owner (leased) and actually operates the shop. 4. The term "sub-sale" means the general term of the occupant, lessee and lessor. The final voting right for the overall and continuous safety and preservation of property value of the building under Article 11(1) has only one voting right for each unit of the sub-section divided under the Multi-Family Building Act, and one voting right for the management body meeting, etc.

1. A managing body shall have a meeting of executives comprised of the following executives: