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(영문) 서울중앙지방법원 2016.07.15 2015가합6789

관리인당선자지위확인

Text

1. The plaintiff's primary and conjunctive claims are all dismissed.

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

Reasons

1. Summary of the plaintiff's assertion

A. The management committee of the defendant B management body (hereinafter referred to as "the defendant management body") falls under the management committee under Article 26-2 of the Act on the Ownership and Management of Aggregate Buildings (hereinafter referred to as "the Aggregate Buildings Act"), and C is the representative director of D Co., Ltd. (hereinafter referred to as "the non-party company") which entered into a management entrustment contract with the defendant management body, and it cannot be elected as the manager of the defendant management body pursuant to Articles 7 (3) and 8 subparagraph 6 of the Enforcement Decree of the Aggregate Buildings Act and Article 40 subparagraph 1 of the management rules.

Nevertheless, at the time of the fourth manager election (hereinafter “instant election”) held on February 7, 2015 by the Defendant managing body, C did not resign the manager of the Defendant managing body and the representative director of the non-party company. Therefore, it constitutes a disqualified person for the manager candidate pursuant to Article 6(3)1 of the Election Management Regulations.

Furthermore, in the election of this case, there are procedural defects that do not grant written voting rights as stipulated in Article 38 of the Aggregate Buildings Act and Article 28 (4) of the Management Rules.

Therefore, the election of this case in which C was elected as a custodian is invalid.

B. The candidates for the administrator in the instant election were left with the Plaintiff and C2.

In the election of this case, C obtained the largest number of sectional owners and voting rights, but C’s candidate registration becomes invalid, and thus, C’s candidate registration was also invalidated, and the Plaintiff, who was the next highest shareholder, was elected as the manager.

In addition, since C’s registration of candidate becomes null and void, the Plaintiff was the only candidate for the instant election, and the Plaintiff was elected as the custodian without voting.

Since the defendant management body contests the status of the plaintiff, the plaintiff is primarily seeking confirmation on it.

C. In the instant election, the Plaintiff was not elected as a custodian.

Even if the plaintiff is the only candidate for the election of this case, it is the primary candidate for the election of this case.

2. Determination

(a) recognition.