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(영문) 서울중앙지방법원 2017.07.06 2016가합8553
관리단장해임청구
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. The Plaintiff is a sectional owner of the aggregate building C (which consists of the first and third floors underground in Dong and B; hereinafter “instant building”) located in Gangnam-gu Seoul Metropolitan Government, and the Defendant C management body (hereinafter “Defendant management body”) is a management body established pursuant to the Act on the Ownership and Management of Aggregate Buildings in relation to the instant building (hereinafter “Building Act”).

On November 30, 2015, the defendant management body held a management body meeting to elect the defendant B as the manager (chairperson).

(former Manager E) Defendant B asked the participants of the Defendant’s management body meeting to delegate the appointment of managing members to the auditors of the management body and asked them to answer “equitable” from the participants.

Defendant B announced the recruitment of managing members to the sectional owners of the instant building on December 23, 2015, and then appointed F, G, H, I, J, J, K, L, M, N, andO (hereinafter “F, etc.”) as managing members of the Defendant management body on December 23, 2015.

After Defendant B was appointed as the president of the management body on December 23, 2015, the agenda of the management committee on January 23, 2015: (a) the cases of paying the trustee recruitment expenses; (b) the cases of administrative execution on management expenses and parking expenses for unpaid households; (c) the first agenda of the management committee on January 6, 2016: on March 23, 2015; (d) the reports on general assembly-related expenses (e.g., the act of conflict, etc.); (e) the settlement report on dual management expenses related to the above general assembly; and (e) the agenda of the management committee on February 26, 2016: the cases of appointing an attorney-at-law in the provisional disposition (suspension of qualifications as a management member); and (e) the conversion of the management method (entrusted management) the cases.

The Plaintiff and P verify that the act of appointing F, etc. against Defendant management body as management members was null and void by filing a lawsuit seeking confirmation of invalidation due to the violation of management rules (this Court 2016Gahap573) and appointing F, etc. as Defendant management members on January 18, 2017 by Defendant management body as Defendant’s management members on December 23, 2015.

This Court 2016Kahap21.

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