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(영문) 부산지방법원 2016.12.02 2015가단20250

손해배상(기)

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, such as the Plaintiff’s status, is a non-corporate company that was established by a management body comprised of all sectional owners of the Busan Jung-gu Office Atel (hereinafter “the instant officetel”) in accordance with the instant officetel management rules and management regulations (hereinafter “instant management rules”).

B. The main contents of the instant management rules are as follows.

1) The management body’s provision (Chapter 3 A) management body composition (Article 13) management body composition (Article 13) management body composition of the instant officetel shall be composed of all sectional owners and the Plaintiff shall be appointed within the management body to ensure the efficiency of management and operation.

B) The chairperson of the management body and the minutes of the meeting (Article 19) shall be the chairperson of the management body (Article 19). (2) The composition of the Plaintiff-related regulations (Chapter 4) (Chapter 4) by the Plaintiff shall not exceed 15 (Article 20). (b) The election of the management committee members (Article 21) shall be elected by a resolution of the management body general meeting from among sectional owners.

(1) (c) The appointment of the plaintiff (Article 24) shall have one chairperson, one vice-chairperson, and two auditors (Article 25) (Article 25). The chairperson shall represent the management body and exercise overall control over the affairs of the plaintiff, the vice-chairperson shall act on behalf of the chairperson, and the auditor shall audit the duties of the management office.

E) The Plaintiff’s functions (Article 26) shall determine or deal with the following matters. ① Decision on the agenda of the Managing Body’s general meeting; ② Decision on the basic policy for building management affairs; ③ Decision on the management budget bill and the settlement of accounts; ④ Decision on the deliberation of the management budget and the settlement of accounts; and ④ Decision on the guidance and supervision of building management affairs (Article 27) minutes (Article 27) shall be prepared and kept by

3) The appointment of a custodian under regulations related to the custodian (Chapter 5 A) (Article 28) (Article 28) shall be made by the decision of the plaintiff.

(1) Paragraph (1). The plaintiff shall select and manage one of the building management plans in each unit.

(2) First proposal: