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(영문) 서울중앙지방법원 2015.08.27 2014가합578515
관리인해임청구의 소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. Seocho-gu Seoul E-1 Parcel is the main complex building with the fourth underground and the tenth floor above ground (hereinafter “instant building”).

Among the instant buildings, 125 stores of the first, second and second floors are D stores with sales facilities and neighborhood living facilities (hereinafter “instant commercial buildings”), and the remainder is composed of multi-family housing (multi-family housing) and welfare facilities for multi-family housing.

B. Plaintiff A is the co-owner of 115 among the instant commercial buildings, and Plaintiff B is the co-owner of 143 among the instant commercial buildings.

C. Defendant D Business Starting Association (hereinafter “Defendant D Business Starting Association”) is an organization composed of sectional owners of the instant commercial buildings, and Defendant C is the chairperson of Defendant C Business Starting from around 2011.

Article 2 (Definition of Terms) The definitions of terms used in this Code shall be as follows:

(1) The term "occupant" means a person who has the power of representation granted by a sectional owner or sectional owner of the commercial building in this case.

(5) The term "D commercial building" means the first floor, the first floor, and the second floor above the ground of the building in this case and its incidental facilities and welfare facilities, and the site and attached facilities thereof.

(6) The term "managing body" means a shopping mall's business management association in cases of self-management, and an entrusted management business entity in cases of entrusted management (hereinafter referred to as the "management office").

Article 3 (Management Organization) (1) In order to achieve the purpose under Article 1, the occupant and user (hereinafter referred to as the "occupant, etc.") shall have a shopping mall consisting of all the occupants, etc., and the shopping mall shall be elected from among the occupants of D commercial buildings under the Multi-Family Building Act.

Article 13 (Executive Officers of the Business Start-up Meeting) (1) In principle, the Business Start-up Association shall have executive officers.

(2) Executives shall be the chairperson, the general secretary, the auditor, and the representative of each class of directors.

(4) The term of office of executives shall be two years, and they may be reappointed.

Article 14 (Method of Appointment of Officers) (1) The method of appointment of officers shall be as follows:

(1) The president and the shopping mall.

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