logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2019.04.25 2018가합3927
관리위원회 회의 결의 무효 확인의 소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a sectional owner who was owned from February 17, 2015, among the 216 households Seocho-gu Seoul Metropolitan Government Btel 216 (hereinafter “instant building”). The Defendant is a management body established pursuant to Article 23 of the Act on Ownership and Management of Condominium Buildings with all sectional owners of the instant building as members of the instant sectional owners.

B. On October 12, 2006, pursuant to the management rules (hereinafter “instant management rules”), the Defendant organized the management committee with written consent from a majority of the sectional owners of the instant building, and elected K as the chairperson of the management committee, G, directors H, I, J, and auditor.

Since then, managing members were appointed in order, and C was elected as chairperson at the meeting of the management committee held on November 29, 2016, and D and E were elected as director, respectively.

(In the same content, a resolution made on November 29, 2016 is referred to as the “resolution of this case”). (C)

The main contents of the instant management rules are as follows.

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

(1) The term "occupant" means the owner of the section for exclusive use of a building which is the object of sectional ownership;

3. The term "occupants, etc." means the owner and the lessee.

Article 4 (Management Organization)(1) In order to achieve the purpose of Article 1, occupants, etc. shall have a management committee of occupants comprised of residents and a management entity (referring to an autonomous management organization in cases of autonomous management, and an entrusted management entity in cases of entrusted management).

§ 10 (Resolution). The following matters shall be decided with the consent of a majority of occupants, etc.:

In such cases, when the management method is determined (change) or an entrusted management company is selected, a proposal shall be made by the management committee or by at least 2/5 of the occupants.

1.Article 15(1) of the Election of Management Members (the first election of Management Members). The Management Committee shall total;

arrow