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(영문) 수원지방법원안산지원 2016.05.25 2013가단38756
집행문부여의 소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. The following facts are acknowledged based on Gap evidence 1-1, 2, 2-1, 2-3, Gap evidence 25 (the same shall apply to Eul evidence 19-3), Gap evidence 27, Gap evidence 32-34, and Eul evidence 29, and there is no reflective evidence.

The Plaintiff is a management body established by consisting of all sectional owners of the member-gu D ground building (hereinafter “A”) in Ansan-si under the Act on the Ownership and Management of Aggregate Buildings (hereinafter “Act”), and the Defendant is a sectional owner who acquired the ownership of 401 among A buildings from August 25, 201 to January 18, 2013, and the ownership of 201-1/20 shares among A buildings from January 21, 201 to January 21, 201.

B. The E and F newly built A, completed the registration of initial ownership relating to each of the 1/2 shares of A on September 24, 2002, and agreed to appoint E as a manager of A while enacting the management rules, and following the sale by A around October 2002, the sectional owners of A exceeded 10, E obtained a written consent from all sectional owners to approve the management rules and appoint E as a manager.

C. The main contents of the A’s management rules enacted around September 2002 are as follows:

Article 9 (Right to Use and Share of Co-owner) (2) The share of each co-owner shall be based on the ratio of the area of his/her section of exclusive ownership.

Article 13 (Appointment, etc. of Manager) (1) If there are at least ten sectional owners, a manager shall be appointed.

(2) The manager shall be appointed or dismissed by the resolution of the majority of managing body's meetings.

Article 26 (Voting Rights) (1) Each sectional owner's voting rights shall depend upon the share ratio, unless otherwise provided by regulations.

In principle, the voting rights of each sectional owner shall be granted one voting right to the single sectional ownership.

Article 27 (Method of Resolution) (1) The intention of managing body's meeting shall be that of sectional owners, unless otherwise stipulated by these regulations.

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