층대표선임무효확인
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The facts below the underlying facts may be found either in dispute between the parties or in accordance with Gap evidence Nos. 1, 5, and Eul evidence Nos. 1 and 6, taking into account the whole purport of the pleadings.
The Plaintiff is the owner of No. 1171 of the first floor, Seoul located B (hereinafter “instant building”), and the Defendant is the management body of the instant building.
B. The Defendant appointed the representatives of the MF, MM, M, 3, 4, and 6th floor as indicated in the separate sheet following the resolution procedure by the sectional owners of each corresponding floor of the instant building (hereinafter “the appointment of the representatives of each floor of this case”).
C. The main contents of the building management rules of this case are as follows.
Article 2 (Definitions of Terms)
1. The term "management body" means the body of sectional owners established to implement the purpose under Article 1, and it shall be established automatically by law as the whole of sectional owners;
12. The term "representative member" means the representative of each floor elected by sectional owners of each floor;
13. The term "representative committee" shall be a committee composed of the chief executive officer, auditors and representative members, and the chief executive officer shall represent the committee and play a role of monitoring the management company.
Article 8 (Composition, etc. of Managing Body)
1. The general meeting of managing bodies shall consist of all sectional owners;
3. The general meeting of managing bodies may exercise voting rights by attending the meeting only the sectional owners registered on the public record as of the date of public notice of the general meeting and only those who have been duly delegated (a delegation letter and a certificate of seal impression)
Article 9 (Resolution)
1.The general meeting of managing bodies shall resolve the following:
(3) Other matters referred to the general meeting of managing bodies shall be referred to the general meeting of managing bodies under Article 15.
1.In order to deliberate on important matters concerning the affairs of the management body, all the representative committees' officers shall be elected by the General Assembly of the management body as follows:
(4) Representatives of floors: Two representatives for each floor, as provided for in Article 16 (Registration of Candidates when Election of Executive Officers of Representative Committee is Election).