대표자 및 총무 지위 부존재 확인의 소
1. The plaintiff's lawsuit of this case against the defendants is dismissed in entirety.
2. All the costs of lawsuit are the Plaintiff’s representative.
1. Basic facts
A. The Plaintiff is a management body under the Act on the Ownership and Management of Aggregate Buildings (hereinafter “Aggregate Buildings Act”) comprised of sectional owners of A (hereinafter “instant shopping district”) in Nam-gu Incheon Metropolitan City E (hereinafter “instant shopping district”).
B. Defendant B was appointed as the Plaintiff’s manager at the Plaintiff’s ordinary meeting held on January 25, 201 and continued to perform his/her duties from November 3, 201. However, Defendant B continued to perform his/her duties until March 2015 because the latter manager was not appointed, and Defendant C was appointed as the Plaintiff’s general manager and continued to perform his/her duties until March 2015.
C. Of the instant commercial building management rules, the parts relating to the instant case are as follows.
Article 3 (Definitions of Terms) The definitions of terms used in this Code shall be as follows:
1. The term “section owner” means a sectional owner on the register in which each subparagraph of this building has been sold in lots (the section of exclusive ownership and the section for common use);
2. The term "in braille" means a person who has the use of the relevant subparagraph and the right to benefit as a person who actually operates an exclusive store;
3. The term "Lessee" means a person who actually operates each shop by borrowing the section for exclusive use from the sectional owner for a certain period;
4. The term "in braille" means the general term of the occupant, lessee, and lessor;
Article 11 (Voting Rights) The final voting rights for the overall and continuous safety and preservation of facilities and for the preservation of property value in a building shall be limited to only one voting right per sectionally divided building under each subparagraph of the Aggregate Buildings Act, and one voting right shall be regarded as one person in the management body meeting, etc.
Article 12 (Executives' Meetings)
1. A managing body shall have a meeting of executives comprised of the following executives:
(1) One president and two vice presidents. < Amended by Act No. 10904, Mar. 1, 201>
2. Executive officers shall be at the general meeting of the management body from among sectional owners.