관리비반환
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
The plaintiff is an aggregate building management body of Mapo-gu Seoul Mapo-gu Seoul Metropolitan Government, and the defendant has embezzled management expenses received from the sectional owners while managing the above building, and thus has claimed the return thereof.
According to the Act on the Ownership and Management of Aggregate Buildings, where the number of sectional owners of an aggregate building is at least 10, a manager to represent the management body and execute the affairs of the management body shall be appointed by the resolution of the management body meeting (Article 24(1)); and the manager shall be appointed by the resolution of the management body meeting; Provided, That if the regulations provide that the management body shall be appointed by a resolution of the management body meeting pursuant to Article 26-2, it shall be governed (Article 24(3) proviso shall be newly established on December 18, 2012). In this case, in order to legitimately represent the management body of Arais (the management body shall be established by all sectional owners as a matter of course, regardless of whether the name of the management body is "A" with all sectional owners or not, it shall be appointed as a manager in accordance with the above Act, and there is no evidence to deem otherwise.
Therefore, the lawsuit of this case is dismissed as it is instituted by a person without legitimate power of representation.