관리단집회 관리인 해임 및 선임 결의 취소
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Basic facts
A. The commercial building in the Bupyeong-si Factory Complex (hereinafter “instant commercial building”) is an aggregate building consisting of 40 sections of the total number of 40 sections, and the Plaintiffs are co-owners of the instant commercial building B B 110, and the Defendant is a management body consisting of all sectional owners of the instant commercial building.
B. D and nine persons, the sectional owners of the instant commercial building, filed a request to convene an extraordinary management body meeting with the Defendant management body that the Plaintiff was the manager, but rejected the request. On May 20, 2016, the Plaintiff filed an application with the court for permission to convene an extraordinary management body meeting under Article 33(3) of the Act on the Ownership and Management of Aggregate Buildings (hereinafter “the Aggregate Buildings Act”) and obtained permission on June 28, 2016.
C. D, etc., on August 13, 2016, in accordance with the court’s decision on permission to convene a temporary management body (hereinafter “instant assembly”) held on August 13, 2016, and a resolution was passed to the effect that D was the chairperson of the said assembly and elected as a new manager for the dismissal of the current manager A and as a new manager (hereinafter “instant resolution”).
[Reasons for Recognition] Unsatisfy, entry of evidence Nos. 10 and 13, the purport of the whole pleadings
2. Judgment on the plaintiffs' assertion
A. The gist of the argument is 1) In order to dismiss a manager under the Commercial Building Management Rules, at least 2/3 of both sectional owners and voting rights shall be resolved, and at least 4/5 of each sectional owner and voting rights shall be resolved, if there is no reason to dismiss the manager. The resolution of this case was not met. 2) In addition, according to the Aggregate Buildings Act, the chairman of the management body meeting shall be the manager or the sectional owner, who is not the manager or the extension. At the time of the resolution of this case,
3) Furthermore, there are no grounds for dismissal against Plaintiff A, who is the manager of the instant commercial building. 4) As such, the instant case is intended.