관리인 및 관리위원회회장 지위 부존재확인
1. Revocation of a judgment of the first instance;
2. The instant lawsuit shall be dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Plaintiff is one of the sectional owners in heading C (hereinafter “instant building”) E and F, a building of 2 underground and 7th above ground located in Seo-gu, Seo-gu, Seoan-gu, Seoan-gu.
B. C Management Body (hereinafter “Management Body”) is a management body under Article 23 of the Act on the Ownership and Management of Aggregate Buildings, which consists of all sectional owners of the instant building, (hereinafter “Aggregate Buildings Act”).
The Defendant was appointed as the president of the instant management body at the regular meeting of the management body held on January 25, 2018 as H’s children, who are the sectional owners of the instant building G, as the instant management body’s children.
C. Of the management rules of the instant management body, the parts related to the instant case are as follows:
Article 17 (Convocation and Notice of Assembly of Management Body)
1. The meeting shall be a regular meeting and a temporary meeting;
2. The chairperson of the management committee shall convene a regular meeting once a year;
3. The chairperson of the management committee shall notify the sectional owners under subparagraph 2 of Article 16 of a written document specifying the matters concerning the purpose of the temporary place of assembly seven days before the date on which the assembly is held.
Article 19 (Composition of Managing Body)
1. The management committee shall be established to deliberate and resolve on important matters concerning the affairs of the management committee;
2. The management members shall be elected at the meeting of the management body;
Article 20 (Appointment and Duties of Officers)
1. The Administrative Committee shall have a chairperson, a vice-chairperson, two auditors, a general secretary, a total of five persons, and a minimum number of the quorum for a proceedings, and a majority of the quorum for a proceedings.
The chairperson shall be the chairperson of the regular and temporary meeting, and represent the management body of the building of this case and preside over the affairs of the management body.
2. Article 26 (3) of the Aggregate Buildings Act is deemed to mean Article 23-3 (1) of the Aggregate Buildings Act.
Article 23-3 (1) of the Aggregate Buildings Act is a member of the management committee, from among sectional owners.