회사에 관한 소송
1. It is confirmed that the resolution on the amendment of the management rules for commercial buildings on November 29, 2016 by Defendant B Commercial Building Management Committee is null and void.
2...
1. Basic facts
A. Under the Act on the Ownership and Management of Aggregate Buildings (hereinafter “the Aggregate Buildings Act”), the Defendant owns 1st underground floors, 5th ground floors, and 3,987 square meters in total in size, 43 co-owners of the instant building, among the total sectional ownership of 54 units of the instant building, Nos. 203, 204, 206, 207, 212, 213, 309, 303, 304, 305, 312, 312, 303, 304, and 305, and 412,313, and 401, and 501 each of the instant sectional owners of the instant building is 43 persons.
The management body consisting of all members, and the plaintiff is a sectional owner under No. 401 and No. 501 of the building of this case and is the defendant's member.
B. Around 2014, one of the sectional owners of the instant building filed an application with the Daegu District Court 2014Kahap70 against the said D, etc. to suspend the performance of duties. The said court rendered a decision to recommend reconciliation that “A (Plaintiff) shall be designated as an acting director of the Commercial Building Management Committee on April 16, 2014; Provided, That the term of office shall only be until a regular officer is elected, such as the president of the Commercial Building Management Committee and the representative of each floor, through an election.”
C. After that, around December 2015, the Defendant’s election of representatives and the Chairperson was carried out, and the Plaintiff was elected respectively by the representatives of F, 2, D, 3, 3, 4, and 5th floor representatives of the first floor, and F was elected by the Chairperson, but F was elected by the Chairperson on April 2016 and retired from the office of the Chairperson on July 201.
Since October of the same year, the representative Ddo representative of the second floor has resigned from the second floor and the plaintiff and G remains as executive officers, and G has been responsible for performing the duties as the president and exercised the management and operation rights of the building of this case.
On the other hand, D et al. constituted an emergency countermeasure committee on November 18, 2016 and passed a resolution to amend the Commercial Building Management Rules on the 29th day of the same month.