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(영문) 수원지방법원 2015.08.21 2013나43267

부당이득금

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 buildings located in Ansan-si members C (hereinafter “the instant building”), and the Plaintiff is a sectional owner of 166.

B. Article 9 (Exercise of Voting Rights) (1) of the Management Rules by the defendant shall have the voting rights according 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 may attend 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 prior to the date on which the assembly is held.

(3) The right to exercise a resolution at an assembly shall include Articles 15 (2), 9 (2) and (4).

Article 16 (Types and Convocation of Meetings) (1) Meetings shall consist of regular meetings and temporary meetings.

(3) A person who holds at least 1/5 of voting rights at the time a resolution for convening a temporary meeting is adopted by the manager or at least 1/5 of sectional owners is adopted.