관리비
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Plaintiff is a management body duly established pursuant to Article 23(1) of the Act on the Ownership and Management of Aggregate Buildings, which consists of all sectional owners of A, an aggregate building of three underground floors and five stories above ground in Jung-gu, Seoul (hereinafter “instant commercial building”).
B. The Defendants are sectional owners who own the sectional building of this case as follows.
Of Defendant 1 B 107, Defendant 2 C 127, Defendant 3 D 201, Defendant 4E 201, Defendant 4E 211, Defendant 5 F 307, Defendant 6 G 315, Defendant 7 H 315, Defendant 7 H 320, Defendant 8, Defendant 310, Defendant 9 J 225, Defendant 310, Defendant 3326, 310 K 325, in which there is no dispute over the ground for recognition [including the ground for recognition], Party A’s 2, 4, and 6 (including the number of pages), and the purport of the entire pleadings.
2. Determination on the defendants' main defense
A. The following facts are recognized in light of Gap evidence Nos. 1, 4, and 6, Eul evidence Nos. 1, 16, and the purport of the entire pleadings.
(1) From May 18, 201 to May 8, 2012, the sectional owner of the instant commercial building (a sectional owner shall be deemed as one person for each shop if the sectional owner is a co-owner, and if one person owns multiple stores, he/she shall be deemed as one sectional owner), among 97 persons holding the instant commercial building, prepared and delivered a “written consent and power of delegation” (hereinafter referred to as the “written delegation”) stating that he/she consented to the Plaintiff’s request for convening an extraordinary general meeting and delegates his/her voting right to the appointment of a custodian to M.
(2) On April 27, 2012, M held a temporary meeting of the management body (hereinafter “instant meeting”) on the 111st floor of the Jongno-gu Seoul Nbuilding on May 8, 2012, 201, under the name of 20 persons, other than M, holding a temporary meeting of management body (hereinafter “instant meeting”) on May 8, 2012.
In the event of this case, one (O) person, other than the delegating person, shall attend the meeting of this case and M shall be the manager.