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(영문) 서울고등법원 2020.11.06 2020나2000528

관리인 아님 등 확인의 소

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The plaintiff's primary claim added by this court and the plaintiff's appeal are all dismissed.

after the filing of an appeal.

Reasons

1. The reasoning for this case is as stated in the reasoning of the judgment of the court of first instance, except for the addition of Paragraph 2, and therefore, it is acceptable to accept it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. A resolution added to the part of the first instance judgment which allowed C to be a manager by selecting C as the president of the management body for the following reasons at the general meeting of this case for the following reasons shall be null and void, and C shall be governed by the Act on the Ownership and Management of Aggregate Buildings (hereinafter “the Aggregate Buildings Act”).

Article 26-2 (2) of the Act on the Ownership and Management of Aggregate Buildings and Article 26-2 (Establishment and Functions of Managing Committee) of the Act on the Ownership and Management of Aggregate Buildings and Article 26-2 (1) of the Enforcement Decree of the Act on the Management of Aggregate Buildings and Article 26-2 (1) of the Act on the Management of Aggregate Buildings and Article 26-2 (1) of the Act on the Management of Aggregate Buildings and Article 26-2 (Establishment and Functions of Managing Committee and Article 26-2 (1) of the Act on the Management of Aggregate Buildings and Article 26-2 (Establishment and Functions of Managing Committee and Article 26-2 (1) of the Act on the Management of Aggregate Buildings and the Enforcement Decree of the Act on the Management of Aggregate Buildings provide that "A Management Committee may have a Management Committee under the conditions as prescribed by the regulations," and Article 26-2 (2) of the Act provides that "the Management Committee shall supervise the performance of affairs of a manager prescribed by this Act or regulations, and Article 26 (3) of the Act shall apply mutatis mutandis.