입주자대표지위 부존재확인
1. The claim of this case is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The following facts do not conflict between the parties, or may be found in Gap evidence Nos. 1, 2, and 4, taking into account the overall purport of the pleadings:
The plaintiff is a management committee established pursuant to Article 26-2 (1) of the Act on Ownership and Management of Condominium Buildings (hereinafter referred to as the "Aggregate Buildings Act") to manage A, an aggregate building consisting of 325 sections in Gangnam-gu Seoul, Seoul (hereinafter referred to as "the instant officetel").
B. A managing body’s meeting comprised of sectional owners of the instant officetel was held on June 2017. At the foregoing meeting, management members were elected by the president, auditor E, directors F, G, H, I, J, and the Defendant.
In addition to the above eight persons, one person was elected, but later resigned.
C. Of the Aggregate Buildings Act and the Plaintiff management rules, the parts relating to this case are as follows.
Article 26-2 (Establishment and Functions of Managing Committee) (1) Management Committee may be established under the conditions as prescribed by the regulations.
(2) The Control Committee shall supervise the performance of affairs of the manager prescribed by this Act or the regulations.
Article 26-3 (Organization and Operation of Managing Committee) (1) Members of the Managing Committee shall be elected from among sectional owners by a resolution of the Managing Committee.
(3) Matters necessary for the composition and operation of the Custodial Committee other than those prescribed in paragraphs (1) and (2) shall be prescribed by Presidential Decree.
Article 7 (Composition of Management Committee) (1) Members of Management Committee under Article 26-2 (1) of the Act may be elected by constituency.
In such cases, the number of members of the election district and the election district shall be determined by regulations.
(4) Any member of the Custodial Committee may be dismissed if any ground prescribed by the regulations exists.
Paragraph (1) and Article 26-3 (1) of the Act shall apply mutatis mutandis to the methods of dismissal of members of the Management Committee, and in such cases, "exploiting" shall be deemed "retirement".
Plaintiff
Article 2 (Definitions) of the Management Rules.