beta
Text
1. The Defendants jointly and severally liable to the Plaintiff KRW 44,509,022 and Defendant B with respect thereto from May 12, 2015.
Reasons
1. Basic facts
A. The Plaintiff is a management body under the Act on Ownership and Management of Condominium Buildings, which is composed of 19 persons with sectional ownership for the buildings listed in the attached list (hereinafter “instant building”).
B. Defendant B is a co-owner of the parking lot of 5,410.39m2 (hereinafter “instant parking lot”) from among the instant buildings to the third to eight floors on the ground, and Defendant A-PP Co., Ltd. (hereinafter “Defendant Company”) is the lessee of the said parking lot.
[Ground of recognition] Facts without dispute, Gap evidence 1, 5, 6, Eul evidence 7, Eul evidence 1-3, Eul evidence 1-3, the purport of the whole pleadings
2. Determination as to Defendant B’s defense prior to the merits
A. C, the representative of Defendant B’s assertion, was appointed at the extraordinary management body meeting held on October 14, 2014. The above assembly was not convened and notified at all, and the quorum was not satisfied.
Therefore, the instant lawsuit filed on the premise that C is the representative of the Plaintiff is unlawful.
B. Determination 1) Act on Ownership and Management of Condominium Buildings (hereinafter “Act on Ownership and Management of Condominium Buildings”)
Article 41(1) of the Act provides that “If there exists an agreement in writing with the sectional owners and at least 4/5 of voting rights regarding the matters determined to be resolved at the managing body’s meeting, it shall be deemed that there exists a resolution by the managing body’s meeting.” According to Article 24(2) of the Act on the Ownership and Management of Aggregate Buildings, a resolution by the managing body’s appointment of a manager shall be deemed to be adopted at the managing body’s meeting. Therefore, it is possible to adopt a written resolution under Article 41(1) of the Act on the Ownership and Management of Aggregate Buildings, and such written resolution is to be treated the same as that by the managing body’s resolution even without the opening of the managing body’s meeting, and thus, it is unnecessary for the managing body’s