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(영문) 서울중앙지방법원 2016.12.16 2015가합543875
총회 결의 무효 확인 청구의 소
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. Defendant B management body (hereinafter “Defendant B management body”) is a management body established pursuant to Article 23 of the Act on Ownership and Management of Condominium Buildings (hereinafter “the Act”) for the management of the buildings listed in the attached Table 1 List, an aggregate building (hereinafter “the instant building”), and the Plaintiff is a sectional owner who owns some sectional stores of the instant building.

B. The Defendant management body appointed Defendant C as the manager at the temporary management body meeting (hereinafter “instant management body meeting”) on May 14, 201.

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 1 (including tentative number; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination

A. The Plaintiff’s assertion 1) As the management body meeting of this case adopted a resolution to appoint Defendant C as a manager for a two-year term of office at the management body meeting of this case, the term of office of the management body of Defendant C was expired on May 14, 2013 after two years passed thereafter. 2) Even though Defendant C collected management expenses from the occupant of the building of this case, it did not disclose the details thereof. The legal expenses required for the rehabilitation procedure (Seoul Central District Court 2013 Ma265) of Defendant C’s management body (Seoul Central District Court 2013 Ma265) were disbursed as the funds of the management body of this case and embezzled them, and the embezzlement case of embezzlement of the deposit money of the representative of each floor from the first floor to the fourth floor of the building of this case is linked

B. Articles 23(1) and 24(3) of the Act on the Ownership and Management of Aggregate Buildings provide that a manager shall be appointed or dismissed by a resolution of the managing body's meeting consisting of all sectional owners of an aggregate building, but Article 24(5) of the same Act provides that each sectional owner may file a claim with the court for the removal of the manager in cases where there are circumstances making it inappropriate for the manager to perform his/her duties, such as unlawful act or other duties. Thus, the Act on the Ownership

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