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(영문) 서울중앙지방법원 2018.01.19 2017가단5062811
손해배상(기)
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. Of the litigation costs, between the plaintiffs and the defendant D, E, and F.

Reasons

1. Basic facts

A. The Seocho-gu Seoul Metropolitan Government Building (hereinafter “instant building”) is an aggregate building of the 6th underground and the 22th ground, which is an aggregate building of the 22th ground, used as a commercial building (30 households) and 3-22th ground as an officetel (610 households).

Plaintiff

A management body is a management body established under the Act on the Ownership and Management of Aggregate Buildings (hereinafter referred to as the "Aggregate Buildings Act") with respect to the instant building.

According to the building management rules of this case, sectional owners constitute an executive officer of the management council for the efficient operation, etc. of facilities, and with the written consent of at least 2/3 of sectional owners, and with the consent of a majority of the sectional owners, elect executive officers (including the spouse and lineal ascendant and descendant delegated by the sectional owners), and the president, vice-chairpersons and auditors shall be elected at the meeting of the executive officers, and the deliberation on the enactment, amendment, budget and settlement of accounts, and the imposition of monthly management expenses may be decided at the meeting of executive officers.

B. On January 10, 2013, around the expiration of the term of office, Plaintiff B and C served as the officer of the management council (the Plaintiff C) (the general director) of the Plaintiff management council (the term of office from March 1, 2011 to February 28, 2013), and around January 10, 2013, Defendant D, F, E, and the commercial building management body of the instant building, which is the sectional owner of the instant building, and H had filed an application for a provisional disposition (the Seoul Central District Court 2013Kahap73, hereinafter “first provisional disposition”).

On February 15, 2013, Plaintiff B, C, and I opened a general meeting of divided owners at the executive conference of the management council on February 15, 2013, and elected six executives of the six management council (term: from March 1, 2013 to February 28, 2015), and subsequently, they decided that the election of executive officers shall be finalized with the written consent of the sectional owners. In the sectional owners' meeting held on February 28, 2013, 111 sectional owners.

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