관리인지위 부존재확인
1. All appeals filed by the Plaintiff (Counterclaim Defendant) against the instant principal lawsuit and counterclaim are dismissed.
2. The costs of appeal shall be the principal lawsuit.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. The instant commercial building was newly constructed around 1992 on the second and fifth floor above ground level.
B. On January 7, 2012, the nine sectional owners of the instant commercial building established the D Subdivision (hereinafter “instant prosperity”) and managed the instant commercial building, including collecting and managing management expenses and parking expenses, from the time of its establishment in around 1999. On November 29, 201, E, who was the president of the instant Subdivision, died on or around November 29, 201, the Operation Committee of the Subdivision (which was enacted on January 7, 2012, comprised of 29 members by floor pursuant to Article 25 of the Subdivision Regulations) was elected as the president of the instant Subdivision.
C. Meanwhile, around October 29, 201, F et al., a sectional owner of the instant commercial building prepared a notice of convening a meeting of the establishment general meeting to liquidate the instant prosperity and establish a new management body and sent it to sectional owners. On November 11, 201, at the meeting held on November 11, 2011, F, G, and H resolved to dissolve the instant prosperity and to newly establish the management body in the form of an incorporated association and to appoint the F as a management body, and on January 11, 2012, F, G, and H established the Plaintiff for the purpose of preserving and managing the common area of the instant commercial building.
around April 2012, 222 including F filed an application against the Defendant for a provisional disposition suspending the performance of duties of the instant shopping district custodian by Seoul Northern District Court 2012Kahap239. On July 11, 2012, the said court rendered a decision that “the Defendant shall not perform his duties as the manager of the instant shopping district, and I shall be appointed as the manager acting as the manager during the period of suspending the Defendant’s performance of duties,” but on December 7, 2012, changed the manager acting as the manager to J.
E. On March 27, 2013, J of the Administrator’s Acting Director shall elect the receiver from the above court.