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(영문) 광주지방법원 2016.05.13 2015가합3893

낙찰자결정무효등 확인

Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a corporation established for the purpose of multi-family housing management business, service security business, sanitary management service business, and worker dispatch business, and the Defendant is a management body of a multi-family building A (hereinafter “instant multi-family building”) composed of 1,538 commercial buildings with a total of 126,219 square meters above land in Seo-gu in Gwangju, Seo-gu.

B. (1) On April 2, 2014, among the sectional owners of the instant condominium building, Nonparty C and 5 filed a lawsuit seeking confirmation against Nonparty D, who was the head of the Defendant’s management authority at the time, as the Gwangju District Court 2014Gahap52171, that D was not in the position of the manager under Article 24 of the Act on the Ownership and Management of Aggregate Buildings (hereinafter “the Condominium Act”) against the Defendant (hereinafter “instant prior lawsuit”).

On September 18, 2014, the above court held that the representative meeting of the management body of the instant aggregate building (hereinafter “representative meeting”) cannot be deemed a management committee under the Act on the Ownership and Management of Aggregate Buildings, and that Article 17(3) of the Management Rules of the instant aggregate building (hereinafter “Rules of this case”) which provides for the election of the management body corresponding to the manager at the representative meeting is null and void against Article 24 of the Act on the Management of Aggregate Buildings (hereinafter “Rules of this case”), which is a mandatory provision, D, which asserts that he was appointed as the manager under the above provisions, is not in the position of the manager under Article 24 of the Act on the Ownership and Management of Aggregate Buildings

On July 10, 2015, the appellate court of the foregoing case (Seoul High Court 2014Na13098) revoked the part concerning D among the judgment of the first instance on July 10, 2015, and rendered a judgment dismissing the Defendant’s appeal. The Defendant appealed as Supreme Court Decision 2015Da234244, but the appeal was dismissed on December 10, 2015, and the said judgment became final and conclusive.

(2) Of the sectional owners of the instant aggregate building, C and seven other persons are managers, managers, managers, managers, and agents of Gwangju District Court 2014Kahap499.