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(영문) 서울중앙지방법원 2014.04.24 2013가합78087
관리인선임결의 무효확인
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. G building in Jongno-gu Seoul Metropolitan Government I (hereinafter referred to as the “instant building”) is an aggregate building which is a 7th underground floor, sales and business facility of the 9th ground floor, cultural and assembly facilities, and amusement facilities, and the Plaintiffs are sectional owners of the instant building, and the Defendant is a management body established with all sectional owners of the instant building as members of the instant building under the Act on the Ownership and Management of Aggregate Buildings (hereinafter referred to as the “Aggregate Buildings Act”).

B. On January 10, 2011, J was appointed as the Defendant’s administrator’s acting person by the Seoul Central District Court Order 2010Kahap3250, and thereafter, the Defendant’s acting person was changed to H on February 7, 2012 by the above court Order 2010Kahap3250.

C. On May 9, 2013, H sought permission from the Seoul Central District Court to convene an extraordinary management body meeting to appoint a manager on July 6, 2013, in the position of the defendant manager acting for the defendant manager. On June 5, 2013, the said court granted permission to convene the said extraordinary management body meeting as the head of the Seoul Central District Court’s temporary management body meeting was held on June 5, 2013.

At the Defendant’s meeting of the management body on July 6, 2013 (hereinafter referred to as the “instant meeting”), a resolution was made to appoint H as a manager (hereinafter referred to as the “resolution”).

E. The provisions on the appointment of a receiver in the provisions on the Aggregate Buildings Act and the management rules for the defendant in relation to the instant case are as follows:

Article 23 (Obligatory Establishment, etc. of Managing Body) (1) If a sectional ownership relationship is established for a building, a managing body established for the purpose of managing the building, its site and attached facilities by consisting of all sectional owners.

(2) Where there exists a section for partial common use, the sectional owners of such section may form a management body, the purpose of which is to implement the services for the management of such section for common use in accordance with the regulations under Article 28

Article 24 (Appointment, etc. of Administrator) (1) If there are at least ten sectional owners, the managing body shall be represented.

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