관리비
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. A building A (hereinafter “instant building”) is an apartment house and neighborhood living facility with the 4th underground and 8th underground floors, and is composed of 51 rooms of the commercial floor from the 2nd underground to the 4th underground floors (a total of 7,831.08 square meters) from the 5th ground to the 8th underground floors, 19 apartment rooms of the apartment floor (a total of 1,613.67 square meters), and a total of 70 rooms of the 70 floors (a total of 9,44.75 square meters).
B. Since the building of this case was not properly managed since its new construction, there has been discussions to systematically manage the building of this case through the management body focusing on the sectional owners of the commercial floor.
As a result, on July 13, 2015, the Plaintiff’s general meeting (hereinafter “instant general meeting”) was held while only the sectional owners, other than those holding sectional owners of apartment buildings, and a resolution was passed to appoint the Defendant’s representative E (one vice-chairperson of Na money remains vacant) as the president, the Defendant’s representative E (hereinafter “instant resolution”) as the president, the president of the C church, a sectional owner of the instant building No. 202, 203, and 208.
【Reasons for Recognition】 Each entry of evidence Nos. 2 and 38, and the purport of the whole pleadings
2. Determination on the defense prior to the merits
A. The Plaintiff filed the instant lawsuit seeking payment of management expenses, etc. against the Defendant on the premise that the resolution of this case was valid, which was made while only a sectional owner of the commercial building was present, on the premise that the Plaintiff had been elected as the president in the resolution of this case as the Plaintiff’s representative.
B. In light of the following circumstances, the Plaintiff is recognized as a management body of the entire building of this case in light of the following circumstances acknowledged by comprehensively taking account of each description of evidence Nos. 1, 2, 22-25 and the purport of the entire argument.
1. On July 4, 2015, the Plaintiff is entitled to the attendance of all sectional owners of the instant building.