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(영문) 서울중앙지방법원 2014.01.23 2013가합526968
운영위원지위부존재확인
Text

1. The defendants confirm that they are not in the position of the operating committee of the non-party K Officetel management committee.

2...

Reasons

1. Basic facts

A. The plaintiffs are sectional owners of Ktel (hereinafter "the building of this case"). The defendants are the persons who manage the management committee of the management committee of the above building, and defendant G is the chairperson, defendant H is the chairperson, defendant H is the chairperson, defendant I is the general director, and defendant J is the auditor.

B. Defendant G, H, and J asserted that they were elected as operating members at the management body meeting held on September 7, 2007, and thereafter performed their duties as operating members from that time. A sectional owner of the instant building applied for provisional disposition against the Defendants for suspension of the performance of duties as the chairperson, general secretary, auditor, and operating member of the management body under Seoul Central District Court 2009Kahap2508. On July 3, 2009, the said court on August 18, 2009, “Defendant I was not elected at the management body meeting from the beginning; Defendant G, H, and J cannot be deemed to be in the status of operating members even if they were legally elected; the Defendants cannot be deemed to have been in the position of operating members due to their terms of office, and the Defendants cannot guarantee the objective fairness in performing their duties.”

2) Afterward, M&O held a management body meeting for the election of operating committee members several times, but all failed in the election due to the failure to meet the quorum.

Accordingly, on February 6, 2013, the Defendants filed an application with the Seoul Central District Court 2013Kahap307 to revoke the first provisional disposition order, and the said court rendered a decision to revoke the said provisional disposition order on the ground that the first provisional disposition order was not filed within three years after the first provisional disposition order was issued on April 16, 2013.

3. The Defendants from April 15, 2013 to their management body of the instant building.

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