건물명도(인도)
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Determination on the legitimacy of the instant lawsuit
A. The Plaintiff filed the instant lawsuit with the purport of seeking delivery of each part of the instant commercial building without legitimate delegation by the management body, on the ground that there exists a party capacity and qualification as a management body under the Act on the Ownership and Management of Aggregate Buildings (hereinafter referred to as the “Aggregate Buildings Act”), which is a management body under the Act on the Ownership and Management of Aggregate Buildings (hereinafter referred to as the “Building Act”). The Defendants asserted that the instant commercial building is a management body (Defendant Co., Ltd.), the head of management office (Defendant B), and the parking lot managing body (Defendant C).
As to this, if the plaintiff is the management body under the Aggregate Buildings Act, D, the representative of the plaintiff, was not legally appointed as the management body at the meeting of the management body, so the lawsuit of this case is unlawful as a lawsuit filed by a person who has no legitimate power of representation.
B. In this case, the commercial building is a commercial aggregate building to which the provisions of the Act on the Ownership and Management of Aggregate Buildings (hereinafter “the Act”) apply. The Act on the Ownership and Management of Aggregate Buildings, if there are not less than ten sectional owners, a manager representing the management body shall be appointed (Article 24(1)). The manager shall be authorized to do judicial or extrajudicial acts representing the management body (Article 25(1)3), the manager shall be appointed by a resolution of the management body meeting (Article 24(3). If there is no manager, at least one fifth of sectional owners may convene the management body meeting (Article 33(4). In order to convene the management body meeting, each sectional owner shall be sent to the place of notification submitted by the sectional owner or the place where the sectional owner owns the section for exclusive use.