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(영문) 수원지방법원 2014.11.28 2012가합1811

관리인지위부존재확인

Text

1. L(V) as the chairperson of the defendant, M(W) as the vice-chairperson of the defendant, and N(X) as the defendant's general affairs.

Reasons

1. Facts of recognition;

A. Pursuant to Article 23(1) of the Act on the Ownership and Management of Aggregate Buildings, the Defendant is an organization established for the purpose of carrying out the instant building and its site and its appurtenant facilities management activities by consisting of all sectional owners of the instant building and the instant building as indicated in the separate sheet No. 1 (hereinafter “instant building”). The Plaintiffs and the Intervenor joining the Defendant are sectional owners of some of the instant buildings as indicated in the separate sheet No. 2 and No. 3.

B. On January 3, 2010, the Defendant’s Intervenor was appointed as a member of the Defendant’s Representative Meeting (hereinafter “Defendant’s Chairperson, etc.”) and performed duties, such as holding the Defendant’s management body meeting until April 3, 2012, which was issued a provisional disposition of suspending the performance of duties.

The duties of the Intervenor joining the Defendant’s Vice-Chairperson N General N, P Auditor Q, R, S, T, and U

C. On February 2012, the plaintiffs filed a provisional disposition against the defendant's defendant's defendant's chairperson, vice-chairperson, general secretary, auditor, or member of this court against the defendant's defendant's defendant's defendant's defendant's defendant's defendant's defendant's defendant's defendant's chairperson, M as the defendant's vice-chairperson, N as the defendant's general director, N as the defendant's auditor, N as Q, R, S, T, and U as the defendant's auditor, the suspension of the defendant's execution of duties.

“The decision was made, and on September 27, 2012, the attorney-at-law was appointed as L’s Chairperson’s acting director during the suspension period of performing his/her duties.

[Ground of recognition] Facts without dispute, entry of Gap 2 through 5, and 10 evidence (including branch numbers in case of additional number), the purport of the whole pleadings

2. Determination as to the cause of claim

A. The plaintiffs asserted that they were the parties concerned have established the management rules at will without going through the resolution of the management body meeting (hereinafter referred to as the "management rules of this case"), which is null and void.