관리인지위부존재확인의 소
1. F confirms that the Defendant’s manager is not in the position of manager.
2. The costs of the lawsuit are assessed against the defendant.
Under the underlying facts, there is no dispute between the parties, or each entry of Gap evidence Nos. 1-6 and Eul evidence Nos. 5, 7, and 32 (including a branch number; hereinafter the same shall apply) may be acknowledged by considering the overall purport of the pleadings.
The Jongno-gu Seoul E Building (hereinafter referred to as the “instant aggregate building”) is an aggregate building newly constructed around September 5, 2005 with the size of 6 underground floors and 24 floors above ground around September 5, 2005.
Plaintiff
A among the instant aggregate buildings, Plaintiff B is one of the sectional owners holding Nos. G, Plaintiff C is one of the same buildings, Plaintiff C is one of the same buildings, and Plaintiff D is one of the sectional owners holding Nos. J among the same buildings.
K around February 2006, under the name of the president of the management body of the instant aggregate building (hereinafter referred to as the “representative committee”), provided guidance on the composition of management body, appointment of managers, enactment of management rules, organization of management body representative committee, etc. to the sectional owners of the instant aggregate building, and received written consent from sectional owners.
The management rules of the aggregate building of this case were enacted around November 2006, and the main contents thereof are as follows.
Article 3 (1) The term "management body" means an organization composed of all sectional owners for the purpose of implementing projects concerning the management of buildings, sites and annexed facilities.
(5) The term "manager" means a controlled entity entrusted with the management of the instant condominium building by sectional owners.
Article 6(2) Management Body(2) The Managing Body shall decide on the matters determined by the relevant regulations with a resolution body, and the Representative Committee of the Managing Body shall be responsible for the supervision of the duties of the Manager, and the Manager shall be responsible for the faithful management for the interests of sectional owners of the building.
Article 15 (General Meetings) (1) Meetings shall be divided into regular meetings and temporary meetings.
Article 17 (1) The voting rights shall be exercised according to the ratio of the area owned by each sectional owner.
Article 18. Matters for resolution.