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(영문) 인천지방법원부천지원 2016.07.08 2016가합430
관리인지위부존재확인의소
Text

1. All of the plaintiffs' lawsuits against Defendant R are dismissed.

2. Between the plaintiffs and the defendant SP management body, the defendant R.

Reasons

1. Basic facts

A. The status of the parties (1) The Plaintiffs and Defendant R are sectional owners of the Nowon-gu Seoul Special Metropolitan City S Commercial Building (hereinafter “instant building”) which is an aggregate building.

(2) Under Article 23(1) of the Act on the Ownership and Management of Aggregate Buildings (hereinafter “Aggregate Buildings Act”), Defendant SA management body (hereinafter “Defendant SA management body”) is established in the instant building, and is in charge of the management of the instant building, its site, and its appurtenant facilities.

Article 6 (Composition of Managing Body) of the Management Rules

1. The management body shall be composed of representatives of sectional owners or sectional owners;

Provided, That the head of the group shall be sectional owners.

2. The managing body shall have the following executives within the extent of ten persons:

1) One chief secretary 2) 1 secretary 3) 5 chief secretary 4) 5 chief secretary 2

3. The officers, auditors and auditors shall be elected by the resolution of the management body meeting;

4. The chief executive officer, general secretary, and auditor shall be elected by the election of executive officers of the managing body;

6. The regulations on re-election, etc. where any vacancy occurs in executive officers shall be separately determined at the meeting of executive officers;

Article 7 (Voting Rights)

1. The shop occupants shall have a single voting right for the portion for exclusive use registered separately;

2. Where two or more persons jointly own one exclusive use part, the co-owners shall designate one person to exercise their voting rights and pass a resolution thereon;

3.The shop occupants may exercise their voting rights on the agenda in writing or by proxy.

Article 8 (Method of Resolution)

1. Resolution on the following matters with a majority of the occupants and voting rights:

1) Article 10 (Appointment of Executive Officers of Management Body);

1. Officers and staff members shall be assigned under the management body to enhance efficiency in the management and operation of the building;

2. The head of the group shall convene a managing body once a month, and shall deliberate, approve or determine the following matters:

2) Matters necessary for the preservation, management and maintenance of the three buildings that have been disbursed, and other matters necessary for the preservation, management and maintenance of the three buildings.

3. The chief of the group shall be deemed necessary;

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