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(영문) 서울고등법원 2020.07.09 2019나2040964
관리인 해임
Text

1. The plaintiffs' appeals against the defendants are all dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Reasons

1. The reasoning of the judgment of the court of first instance citing this case is as follows, except for the case where the plaintiffs stressed or added in this court, and the reasons for the judgment of the court of first instance citing this case are the same as the reasons for the judgment of the court of first instance.

2. Additional determination

A. The gist of the plaintiffs' assertion was that Defendant C, as the manager of the building of this case, committed acts contrary to the following laws and regulations, while performing his duties, and was remarkably detrimental to the trust relationship with sectional owners by forceing sectional owners to incur damages.

Since Article 24(5) of the Multi-Family Building Act provides that "when there are improper acts or other circumstances inappropriate for performing duties," the grounds for the request for dismissal of the custodian, Defendant C should be dismissed from office as the custodian of the Defendant Management Body.

① At the time when Defendant C was appointed as a manager on June 18, 2003, the number of sectional owners was 481 and the number of sectional owners was 405. The number of sectional owners was 405.

However, at the general meeting for the election of managers, since the requirements for appointment of managers were not satisfied by calculating the quorum on the premise that the number of sectional owners is 480, Defendant C was not lawfully appointed as the manager, and the status of the manager is not considered.

② Since the term of office of the manager is two years and the appointment of the manager is subject to the resolution of the management body meeting, the Defendants were obligated to convene the management body meeting for the appointment of the manager, the Defendants C did not convene the management body meeting to continue to maintain the status of the manager.

(3) The manager shall have the duty to report the main contents of the business performed by the management body and the management affairs, such as budget and settlement of accounts, by attending the meeting at the meeting after convening the management body meeting.

However, the defendant C does not call a meeting of the management body.

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