부당이득금 등
1. All of the instant lawsuits are dismissed.
2. The costs of the lawsuit shall be borne by E indicated as the representative of the plaintiff.
1. Determination on the defense prior to the merits
A. The plaintiff asserts that as the council of occupants' representatives of A apartment located in the F of the racing city (hereinafter "the apartment of this case"), the defendants embezzled fire insurance money, defect repair money, management expenses, etc. while managing the apartment of this case, and thus, they sought the return thereof.
In regard to this, the defendant does not legally form a management body, and because E does not have the representative authority to represent the management body of the apartment of this case, the lawsuit of this case filed by E on behalf of the plaintiff is unlawful.
B. 1) The apartment of this case is an aggregate building consisting of 68 households in total.
B) On October 31, 2014, G appears to refer to the council of occupants’ representatives as stipulated by the articles of association of the instant apartment management committee. Meanwhile, as examined below, the instant apartment is not subject to the Housing Act but subject to the Act on the Ownership and Management of Aggregate Buildings. Therefore, it is reasonable to deem that the management body consisting of all sectional owners, regardless of its title. (hereinafter “management body” as the steering committee is referred to as “management body”).
(C) On behalf of the 20 sectional owners of the instant apartment, the manager requested convocation to hold the extraordinary meeting of the management body on behalf of the 20th sectional owners of the instant apartment, “the case of a report on operation finance for 2014, the case of a non-Confidence in the current management committee, and the case of the composition of the senior executive board for the composition of the new management committee.” C) Notwithstanding the request for convocation as referred to in the foregoing sub-paragraph (b) above, E, etc. does not convene the general meeting of the management body. On November 20, 2014, E, etc. shall hold the extraordinary meeting of the management body of the instant apartment, and make a resolution to dismiss the administrator and the management member of the existing management body of the instant apartment, who are non-Confidence and the non-Confidence in the management committee,