logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2020.12.17 2019나2058385
관리인해임
Text

The judgment of the first instance is revoked, and the lawsuit of this case is dismissed.

All costs of litigation shall be borne by the plaintiffs.

purport.

Reasons

1. The following facts are found to be without dispute between the parties or recognized by considering the overall purport of the pleadings as a whole in each entry in Gap evidence Nos. 1, 2, 3, and Eul evidence Nos. 9, 37 (including each serial number):

A. The Plaintiffs are sectional owners of the second floor G, H, I, J, K, and L among the Dongdaemun-gu Seoul Metropolitan Government F apartment commercial building (hereinafter “instant commercial building”).

B. Defendant FC Management Body (hereinafter “Defendant F Management Body”) is the instant shopping district management body.

C. Around 2008, Defendant E was appointed as a manager at the managing body meeting held on June 5, 2015.

Defendant E convened a temporary meeting of the management body (hereinafter “instant meeting”) on September 7, 2018, and at the instant meeting, the resolution for re-election of the management body against Defendant E was made.

The parts related to the instant case in Articles 29 and 37 of the Commercial Building Management Rules (hereinafter referred to as the “instant Commercial Building Management Rules”) are as follows.

Article 29 (Organization of Board of Executive Officers of Managing Body) (1) The executive officers of managing body shall be comprised of not less than three executive officers of managing body elected at the general meeting of managing body.

(3) The terms of office for executive officers of a managing body shall be two years and renewable.

Article 37 (Request for Dismissal of Manager) In any of the following cases, a sectional owner may request a court to dismiss an administrator pursuant to Article 24 (5) of the Aggregate Buildings Act (hereinafter referred to as the "Aggregate Buildings Act") (hereinafter referred to as the "Aggregate Buildings Act");

E. The parts related to the instant case in the Aggregate Buildings Act are as follows.

2. Whether the instant lawsuit is lawful

arrow