beta
(영문) 의정부지방법원 2014.11.12 2013가합73640

관리위원 및 관리인 지위 확인의 소

Text

1. Each of the plaintiffs' primary defendants' lawsuits is dismissed.

2. The plaintiffs' preliminary selective defendant

Reasons

1. Facts of recognition;

A. M (hereinafter “the instant building”) is an aggregate building consisting of 284 households, composed of 4 underground floors constructed on P, N, and 15 floors above ground and 1,2-class neighborhood living facilities and general business facilities with a total of 284 households.

B. The Defendants’ status 1) Formerly, Defendant M council of occupants’ representatives (hereinafter “Defendant M council of occupants’ representatives”) in the instant building

The Defendant’s council of occupants’ representatives held extraordinary meetings on November 29, 201 and elected Defendant I as the president of the Defendant’s council of occupants’ representatives. (2) Defendant J and K are the respective vice presidents of the Defendant’s council of occupants’ representatives, and Defendant L are the managing director of the instant building.

C. On March 2013, some occupants of the instant building, including the Plaintiffs, decided to organize an emergency countermeasure committee, and elected the Plaintiff as its chairperson. On March 18, 2013, the Defendant’s council of occupants’ representatives and the emergency countermeasure committee posted a public notice on the organization of the Defendant’s council of occupants’ representatives and the emergency countermeasure committee on the instant building on March 18, 2013. (2) The emergency countermeasure committee decided to hold an emergency countermeasure committee on April 3, 2013 to organize a new management committee of the instant building, and Q Q as the chairperson of the management committee, and as the vice-chairperson of the management committee, Plaintiff E as the chairperson of the management committee

3) On August 5, 2013, the Emergency Countermeasure Committee posted a public announcement to hold a temporary management body meeting to deliberate on the organization approval of the management committee and the amendment of the management rules on August 28, 2013. 4) Accordingly, the temporary management body meeting held on August 28, 2013 (hereinafter “instant meeting”) held on August 28, 2013, Plaintiff A was appointed as the manager of the management body of the instant building; Plaintiff B was appointed as the auditor, Plaintiff C, E, F, G, and H, respectively.

[Ground of recognition] A without dispute, Gap evidence Nos. 2, 3 through 6, 10 (including branch numbers in case of provisional number; hereinafter the same shall apply), Eul evidence Nos. 1, 2, 7 through 10, and the purport of the whole pleadings.