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(영문) 서울중앙지방법원 2015.01.15 2014가합551633
관리인지위부존재확인소송
Text

1. The plaintiff's lawsuit against the defendant C shall be dismissed.

2. The plaintiff's claim against the defendant Lee Sang-ok is dismissed.

Reasons

1. The facts falling under any of the following subparagraphs may be found either as a dispute between the parties or as a whole in the statements in Gap evidence Nos. 1, 4 through 8, 10, 10 (including each number; hereinafter the same shall apply) and Eul evidence Nos. 4 to 12.

The Plaintiff is a sectional owner who owns B16 and six commercial buildings, among B shopping districts located in Jung-gu Seoul Metropolitan Government D (hereinafter in this case, referred to as the “instant commercial building”). Defendant B shopping management body (hereinafter “Defendant B management body”) is a management body established pursuant to Article 23(1) of the Act on Ownership and Management of Condominium Buildings (hereinafter “Act”) by consisting of sectional owners of the instant commercial buildings.

B. From May 18, 201 to May 8, 2012, 49 of the instant 97 sectional owners, agreed to the request for convening an extraordinary general meeting of the instant shopping district and delivered to Defendant C a written consent and power of delegation of voting rights to the appointment of a manager to Defendant C.

C. On April 27, 2012, Defendant C, other than Defendant C, and the 20 sectional owners, issued a notice and public notice of convening a temporary management body meeting on May 8, 2012, 18:0 Seoul Jongno-gu E building 11st floor to convene a temporary management body meeting on the agenda, etc. for the appointment of a manager. On May 8, 2012, Defendant C held a temporary management body meeting (hereinafter “instant meeting”).

In addition to the above 49 persons, a resolution was made to appoint Defendant C as the manager of Defendant Management Body (hereinafter referred to as the “resolution of this case”) with the votes obtained from 51 persons among sectional owners (including Defendant C) and 487.88 square meters of total equity 710.4 square meters (67%) among the 97 persons holding a sectional ownership and the total equity 710.88 square meters (including 68.67%).

2. The plaintiff's assertion 1) In order to adopt a resolution of convening a meeting under Article 33 of the Aggregate Buildings Act, the defendant C needs to obtain the consent of at least 1/5 of the sectional owners (F, G, and H's seal to be forged and sealed and a total of 21 persons convened.

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