관리위원 및 관리인 지위 확인의 소
1. All appeals filed by the plaintiffs are dismissed.
2. The costs of appeal are assessed against the Plaintiffs.
The purport of the claim and appeal is the purport of the appeal.
1. The reasoning for the judgment of the court of first instance is the same as the ground for the judgment of the court of first instance, except for the following additional determination as to the plaintiffs' assertion, and thus, it is acceptable in accordance with the main sentence of Article 42
2. Additional determination
A. The Plaintiffs asserted that, on or around February 2013, 152 of the total sectional owners of the instant building, 238, delegated the power to convene a meeting of the management body to the Emergency Countermeasure Committee, the instant assembly, which was held on August 5, 2013 in the name of the emergency Countermeasure Committee, did not have any defects in the convocation procedure.
However, the above evidence is insufficient to recognize that not less than 1/5 of the sectional owners of the building of this case delegated the temporary authority to convene a meeting of the non-standing committee by adding up the statements in Gap evidence No. 22, and there is no other evidence to acknowledge it.
Meanwhile, according to Article 33(2), (3), and (4) of the Aggregate Buildings Act, if one/5 or more of the sectional owners of an aggregate building requests a convocation of a temporary management body meeting specifying the purpose of the meeting, the manager shall convene the management body meeting. If the manager fails to follow the procedure for convening the convocation notice taking the date of the request as the date of the management body meeting within one week after the request is made, the sectional owner who requested the convocation may convene the management body meeting with the permission of the court. If there is no manager, at least 1/5 of the sectional owners may convene the management body meeting.
However, in addition to the above evidence, it is insufficient to recognize that at least 1/5 of the sectional owners of the building of this case requested a meeting of the management body through an emergency countermeasure committee, or convened a meeting of the management body with the permission of the court, and there is no evidence to acknowledge otherwise, and the administrator of the building of this case does not have any other evidence.