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(영문) 대전지방법원 2018.09.19 2017가합1657
관리인지위부존재확인
Text

1. On April 14, 2016, the Defendant’s resolution at the management body meeting that appointed E as the Defendant’s manager is invalid.

2.

Reasons

Based on facts, Plaintiff A is a co-owner who owns 4/139,304 shares of 4/139,00 of the 4th floor G of Daejeon U.S. F (hereinafter “instant shopping mall”). Plaintiff B is the owner of 4th floor H of the instant shopping mall.

The Defendant also used the name of “C Management Body”, “C General Management Committee”, “C Management Committee”, and “C Management Committee” as an organization for the business of maintaining the instant commercial building and its appurtenant facilities, imposing and collecting management fees and repair allowances.

On February 6, 2014, the Defendant passed a resolution to appoint I as the chairperson who is the representative of the Defendant on the appointment of the Defendant’s representative, appointment of acting representative, and dismissal of the Defendant. On February 6, 2014, J, K, and L filed an application with the Daejeon District Court 2014Kahap251 for a provisional disposition to suspend the performance of duties and appoint acting representative against I, and the said court rendered a provisional disposition to appoint I as an acting representative on September 29, 2014.

After that, by the ruling of April 27, 2015 of the above provisional disposition application case, the attorney N was replaced with the defendant's acting representative, but the above acting representative was dismissed from the office of acting representative as of July 28, 2015 of the above case on the ground that the remuneration prepayment order issued by the Daejeon District Court is not complied with properly.

On July 31, 2015, the Defendant issued a public notice on July 30, 2015 that “the case of the appointment of the representative of the managing body of 20:40 commercial buildings (the Defendant) on July 31, 2015,” etc. as an agenda item, and E was appointed from the extraordinary general meeting of 31 July 2015 to the Defendant’s representative.

On September 1, 2015, the Plaintiff filed an application with Daejeon District Court 2015Kahap234 to suspend the performance of duties and to take a provisional disposition to appoint an acting person for E, and the said court did not have an acting person at the time of the extraordinary general meeting as of September 24, 2015, since there was no acting person at the time of the extraordinary general meeting, the Defendant is the court.

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