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1. It is confirmed that Defendant D is not in the position of the administrator of Defendant C Apartment Management Body.
2. The plaintiffs.
Reasons
1. Basic facts
A. Pursuant to Article 23(1) of the Act on the Ownership and Management of Aggregate Buildings (hereinafter “the Aggregate Buildings Act”), Defendant C apartment management body (hereinafter “Defendant C apartment management body”) is an organization established to carry out the instant building, its site, and its appurtenant facilities with all sectional owners of the commercial buildings and apartment buildings located outside Seocho-gu Seoul Metropolitan Government E and one parcel (hereinafter “instant building”). The Plaintiffs are partial sectional owners of the instant building.
B. Defendant D was appointed as the president of the Defendant Management Body on December 7, 2000 and has performed his duties until now.
C. The provisions of the Aggregate Buildings Act relating to the instant case are as follows.
[Article 23 (Obligatory Establishment, etc. of Managing Body) (1) If a sectional ownership relationship is established for a building, a managing body, the purpose of which is to manage the building, its site and annex facilities, consisting of all sectional owners, shall be established.
[Article 24 (Appointment, etc. of Administrator) (1) If there are at least ten sectional owners, a manager shall be appointed.
(2) The manager shall be appointed or dismissed by resolution at managing body's meetings.
(5) If a manager commits an illegal act or any other reason makes it inappropriate for him/her to perform his/her duties, any sectional owner may request the court to dismiss the manager.
[Article 28 (Regulations) (1) Matters between sectional owners regarding the management or use of building, site and annex facilities which are not provided for in this Act, may be determined by regulations.
[Article 29 (Establishment, Amendment and Abolition of Regulations) (1) The establishment, amendment and repeal of regulations shall be done with the approval of not less than 3/4 of sectional owners and not less than 3/4 of voting rights at the management body meeting.
In such cases, when the establishment, alteration and repeal of regulations have a special effect on some sectional owners' rights, their approval shall be obtained.