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(영문) 서울서부지방법원 2015.11.26 2015가합1529
지위확인
Text

1. The instant lawsuit shall be dismissed.

2. The costs of the lawsuit are assessed against G who is represented by the plaintiff.

Reasons

1. Determination as to the cause of claim

A. The Plaintiff is a management body with the authority to manage the Mapo-gu Seoul Metropolitan Government Condominium (hereinafter “instant Condominium”) which is an aggregate building, and G is the president who is the Plaintiff’s representative, and the Defendants are arguing the Plaintiff’s qualification as the president of G, and thus seeking confirmation.

B. (1) Determination is made by the management body established with the aim of carrying out projects relating to the management of building, site and attached facilities by all sectional owners if the sectional ownership of the building is established.

If there are not less than ten sectional owners, a manager to represent the managing body and execute the affairs of the managing body shall be appointed.

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

The manager shall be appointed or dismissed by a resolution of the management body meeting.

Provided, That this shall apply where the rules prescribe that the appointment or dismissal shall be made by a resolution of the management committee.

A custodian shall have the authority and duties to conduct the following acts:

1. Preservation, management and change of the section for common use;

2. Demanding and receiving, from each sectional owner, allotted costs and expenses for the execution of the affairs of the managing body, and managing money;

3. Judicial or extra-judicial acts representing a managing body in respect of the execution of managing body's business;

4. Other acts stipulated by the regulations, and Article 41 (1) of the same Act shall be deemed to have been resolved at the managing body's meeting if not less than 4/5 of the sectional owners and not less than 4/5 of voting rights agree, in writing, or by electronic or written, or by electronic means, with respect to the matters that shall be resolved at the managing body's meeting according to this Act

"" is defined as ".

3.2

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