beta
(영문) 대전지방법원논산지원 2017.04.19 2016가합2338

관리인선임결의부존재확인

Text

1. All of the plaintiffs' lawsuits against Defendant D are dismissed.

2. The Assembly of February 25, 201 at the Defendant Cbuilding Management Body’s meeting.

Reasons

1. Facts of recognition;

A. The plaintiffs are some sectional owners of C commercial buildings (the 6th floor, the 2nd floor and the 46th floor above the ground) located in the E-U.S., and the defendant Cbuilding Management Body (hereinafter the "Defendant Management Body") is an organization that acts under the name of the "Steering Committee" of the above building. The defendant D is some sectional owners of the above building and is appointed as the chairperson of the defendant Management Body.

B. On November 20, 2008, the two sectional owners and 33 lessees of the above building held an inaugural general meeting of the Emergency Countermeasure Committee and appointed 6 executives, including 3 representatives elected at the meeting of lessees and 3 representatives of the building owners, and one of them was appointed as joint representatives, and enacted regulations.

On January 28, 2010, the Emergency Countermeasure Committee again held a general meeting to include the following provisions: “The sectional owners and lessees shall have the right to vote of the meeting, the right to vote of executives, and the right to be elected.”

C. On February 25, 2011, the sectional owners and lessees of the above building hold a general meeting of the operating committee to dissolve the existing emergency countermeasures committee, and, as in the previous case, enacted the regulations of the operating committee which contain the following: “The sectional owners and lessees shall have the right to vote of the meeting, the right to elect executives, and the right to be elected.” The debtor D was appointed as the chairperson.

At the meeting of the time, the lessee of 17 stores and the sectional owner of 27 stores participated in the meeting.

On March 20, 2013, the Operating Body changed the name to the "Steering Committee" (hereinafter referred to as the "Defendant Management Body"), and made management rules that include “all sectional owners and lessees shall have voting rights and rights to be elected in the same manner as each of them is divided owners and lessees.”

In accordance with the management rules, the defendant management body has established executive officers such as the chairperson (head of the management group), vice-chairpersons, auditors, operating members, etc., general meetings, special general meetings, executive councils, etc., and has implemented projects concerning the management of building, site and attached facilities, such as the receipt and disbursement of management expenses.