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(영문) 서울중앙지방법원 2017.04.21 2015가합515283

손해배상(기)

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. Party status 1) The Plaintiff is an aggregate building built on the Gangnam-gu Seoul Metropolitan Government H and I ground (hereinafter “J”).

(2) The Act on Ownership and Management of Condominium Buildings (hereinafter referred to as the “Act on Ownership and Management of Condominium Buildings”).

(2) Defendant C, the representative of the Plaintiff management body from April 18, 2005 to June 2013, 2013, performed duties such as collecting management fees and paying public charges. Defendant D, Defendant E, Defendant F, and Defendant G, together with Defendant C, performed duties as managing members of the Plaintiff management body.

B. A manager of the J management rules (hereinafter referred to as the “management rules in this case”) shall be elected with the consent of at least a majority of all sectional owners present at the meeting of the occupants. The term of office shall be two years, and the term of office shall expire by 30 days prior to the expiration of the term of office and shall be publicly announced at a general meeting and the next senior manager shall be appointed by holding a general meeting. 2) The managing members shall be appointed with the consent of at least a majority of the occupants, but if they are not elected on more than two occasions, they shall be appointed with the consent of at least a majority of the management committee. The management committee shall have one chairperson (the plaintiff’s administrator shall serve as the president), one auditor, and five managing members, and the term of office of all the executive officers shall be two years,

Where a member becomes vacant, he/she shall be elected again within 30 days from the date of vacancy, but if he/she becomes elected at least twice due to a failure in the quorum, he/she shall be appointed with the consent of a majority of the management committee.

3) The Management Committee shall resolve matters concerning the establishment of expenses to be borne by occupants, etc., such as budget and settlement of accounts, management expenses, special repair reserve funds, etc., determination and collection of amounts, operation and expenditure. 4) The Manager shall perform such tasks as are necessary for collection of management expenses and fees, vicarious payment of public charges, management and smooth community life.

5. The management expenses shall be.