회장직무대행자 직무인계 등
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Defendant is a management body comprised of sectional owners of the 17th and the 5th underground floor size B (hereinafter “instant building”) located in Mapo-gu Seoul, Seoul, and the Plaintiff is a sectional owner of the instant building.
B. The defendant must obtain the consent of not less than 3/4 of sectional owners and not less than 3/4 of voting rights at the managing body's meeting to establish, amend and abolish the regulations under Article 29 (1) of the Act on Ownership and Management of Condominium Buildings (hereinafter "the Aggregate Buildings Act").
On April 27, 2001, some sectional owners enacted the operating rules (hereinafter “instant operating rules”) without the resolution of the management body meeting for the establishment of the rules set forth in the regulations, and have managed the instant building in accordance with the said operating rules.
C. The Defendant has elected the representative members of each floor according to the instant operational rules, and elected the president, etc. at a general meeting of the representatives of each floor composed of the representative members of each floor above.
On March 29, 2011, the Defendant held a general meeting of the representative members of each floor and passed a resolution to select D as the president. However, the Defendant filed a lawsuit to nullify the resolution of the general meeting under Seoul Western District Court 201Gahap3695, which was the sectional owner of the instant building, and the said court rendered a judgment to confirm that D’s resolution of the general meeting of the representative members of each floor was invalid.
Therefore, the Defendant appealed by Seoul High Court Decision 201Na69260, but the above court rendered a judgment dismissing an appeal on February 7, 2012 on the part that the resolution of the general meeting of the representative members by the above floor that elected D as president was null and void, and the above judgment was finalized on May 14, 2012.
After the judgment above, the plaintiff and the F counterpart conflict with each other with the plaintiff with the right to manage the building of this case. The plaintiff filed an application against F, etc. for provisional disposition prohibiting the management of the building of this case with the Seoul Western District Court 2013Kahap506, and the above court was in the operation rules of this case on May 13, 2013.