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(영문) 서울중앙지방법원 2015.12.17 2015가합537504
관리인지위부존재확인 등
Text

1. The plaintiff's main claim against Defendant Q shall be dismissed.

2. Defendant Qua is the defendant.

Reasons

1. Basic facts

A. Defendant managing body is a managing body of the Act on the Ownership and Management of Aggregate Buildings (hereinafter “Act on the Ownership and Management of Aggregate Buildings”) composed of sectional owners of the fourth and third-one story above ground in Gangnam-gu Seoul (hereinafter “instant aggregate building”) and the Plaintiffs are sectional owners of the instant aggregate building.

B. On November 7, 1998, Defendant managing body enacted the rules for the management of the instant condominium, and the above management rules were amended on October 2, 2002; January 2, 2005; and September 2005 respectively.

(hereinafter “instant management rules”) as to the validity of the amended management rules on September 2005 submitted by the Defendant management body, there is a dispute between the Plaintiffs and the Defendants, but the management rules submitted by the Defendant management body are determined on the premise that the management rules submitted by the Defendant management body are valid.

C. The instant condominium consists of a total of 483 commercial buildings and officetels (=49 officetels). D.

The provisions related to this case in the Aggregate Buildings Act and the Management Rules of this case are as follows:

[Article 23(Establishment, etc. of Managing Body)(1) of the Aggregate Buildings Act(Establishment, etc. of Managing Body) is established with the aim of managing the building, its site and attached facilities as members of all sectional owners if the sectional ownership of the building is established.

Article 24 (Appointment, etc. of Administrator) (1) Where there are at least ten sectional owners, he/she shall represent the managing body and appoint a manager to execute the affairs of the managing body.

(2) The manager shall not be required to be a sectional owner, and his/her term of office shall be determined by regulations within two years.

(3) The manager shall be appointed or dismissed by resolution at managing body's meetings.

(5) If a manager commits an illegal act or any other reason makes it inappropriate for him/her to perform his/her duties, each sectional owner shall be the manager.

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