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(영문) 수원지방법원 2015.02.13 2013나42844

주차비반환

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. Under Article 23 of the Act on the Ownership and Management of Aggregate Buildings (hereinafter “the Act”), the Defendant is an organization consisting of all sectional owners of the instant building in order to carry out the operation, management, etc. of B building located in Ansan-si members C (hereinafter “the instant building”), and the Plaintiff is a sectional owner of 127 of the instant building.

B. The management rules of the instant building (hereinafter “instant management rules”) related to the instant case are as follows:

(The following provisions are the same as the management rules in the year 1999 and the management rules in the year 2001, so it is not judged otherwise in this case as to which the regulations in each of the management rules are effective). Article 9 (Exercise of Voting Rights) ① Voting Rights of sectional owners shall have voting rights in proportion to the size ratio of each sectional owner’s section of exclusive ownership.

(3) A sectional owner may exercise his/her voting right in writing or by proxy according to the provisions of Acts.

(4) Where a sectional owner exercises his/her voting right by proxy, his/her agent shall be the possessor of the section for exclusive use that is his/her own, and submit a document proving his/her power of representation to the manager, and the exercise of voting right

Article 10 (Resolution) (1) The following matters shall be decided by the affirmative votes of not less than three fourths of sectional owners, and other matters by the majority:

1. Enactment or amendment of the management rules;

2. Alteration or disposal of the site and the section for common use;

3. Consent to the decision on management methods.

Article 15 (Organization of Managing Body Meetings) (1) The assembly of Managing Body shall be composed of sectional owners of B buildings.

(2) An assembly shall be present at the assembly after reporting to the administrator, along with a document attesting that sectional ownership has been acquired (including acquisition by succession) by no later than five days before the date of the assembly.