관리위원 지위 부존재 등 확인청구
The status of Defendant Intervenor D, E, F, G, H, I, P, Q, and R as management members of each Defendant, and the Intervenor J, K, and R.
Basic Facts
A. The Plaintiffs are co-owners of C (hereinafter “instant building”) on the ground of the Gu S and one parcel during the period of Ansan-gu, an aggregate building.
B. The Defendant is a management body established with all sectional owners of the instant building as members pursuant to Article 23 of the Act on the Ownership and Management of Aggregate Buildings (hereinafter “Aggregate Buildings Act”). The provisions on the appointment and term of management members and election management members among the Aggregate Buildings Act and the Defendant’s management rules, and the Defendant’s election management regulations are as follows.
[1] Members of the management committee shall be elected by the resolution of the management body meeting from among the sectional owners.
Provided, That if the regulations provide otherwise for the resolution of the management body meeting, such regulations shall prevail.
(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 38 (Methods of Resolution) (1) Decision of the management body meeting shall be adopted by the majority of sectional owners and the majority of voting rights, unless otherwise prescribed by this Act or regulations.
(2) Voting rights may be exercised in writing or by electronic means (referring to an electronic data processing system or by other means prescribed by Presidential Decree, using information and communications technology; hereinafter the same shall apply), or through an agent.
[Composition of Management Committee) ① Members of Management Committee under Article 26-2(1) of the Act (hereinafter referred to as "Management Committee") can be elected by constituency.
In such cases, the number of members of the election district and the election district shall be determined by regulations.
[Defendant Management Rules] Article 31 (Agency and Executive Officers) of the Management Rules shall have the following agencies and executive officers in addition to the assembly and manager of the Management Body:
1. Members of the Custodial Committee: At least five but not more than 12 persons;
2. Auditors: Not more than two managing body's meetings: