관리비
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
purport.
1. The reasoning of the court's explanation concerning this case is as follows, except for the addition of the judgment of the plaintiff to the reasoning of the judgment of the court of first instance, and thus, it is also accepted by the main sentence of Article 420 of the Civil Procedure Act.
2. The portion to be determined additionally
A. Since the instant consignment contract was concluded with the consent of change of the management company by the 55 tenants who represented the claiming C sectional ownership and sectional ownership (the number exceeding 65% of the number of tenants who fell under 65% of the size and 67% of the size) on behalf of the owner of the instant sectional ownership, the instant consignment contract should be deemed lawful between C management body and the Plaintiff.
B. 1) The conclusion of the instant consignment contract is a matter pertaining to the management of the common use area of an aggregate building, and if determined by a written resolution, at least 4/5 of the sectional owners and at least 4/5 of voting rights should be agreed (Article 41 of the Act on the Ownership and Management of Aggregate Buildings). (2) Even based on the Plaintiff’s assertion, only 65% based on the number of persons, and only 67% based on the size did not meet the requirements for written resolution stipulated in Article 41 of the Act on the Ownership and Management of Aggregate Buildings, the instant consignment contract is not deemed to have been duly concluded.
The above argument is without merit.
3. In conclusion, the judgment of the court of first instance is legitimate, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.