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(영문) 서울남부지방법원 2016.04.21 2015가합107558
관리단규약및관리단운영위원회결의취소청구
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

The plaintiff is a sectional owner of the "B", the Geumcheon-gu Seoul Metropolitan Government Condominium Condominium (hereinafter referred to as "B").

As the instant aggregate building, which is an apartment-type factory, studio-type building, and commercial building of the 4th and 26th above ground, was completed around March 2014, and sectional ownership relation was established, the Defendant was automatically constructed pursuant to the Act on Ownership and Management of Condominium Buildings (hereinafter referred to as the "Aggregate Buildings Act") around that time.

On October 7, 2014, the Defendant prepared the management body regulations (the proposal) of the instant aggregate building after deliberation by the temporary representatives, and followed the procedure of enacting the management body regulations (hereinafter “instant regulations”) with written consent from sectional owners from November 25, 2014.

The main contents of the instant agreement concerning the election of administrators are as follows.

Article 17 (Representative Organization of Sectional Owners)

2. The management body operation committee shall be composed of representatives by floor, and when the members lose their qualification for sectional owners;

Article 18 (Composition of Representative Organization)

2. The chairperson and the auditor shall be elected by mutual vote from among the representatives of each floor at the managing body's operating committee, and shall be elected from among the highest votes of the members of the managing body's operating committee;

10. (Election, Qualification and Term of Office of Representatives by Floors) An election commission comprised of representatives from each floor to elect representatives from each floor of the election commission shall be organized as follows before 30 days (in cases of the election of representatives from the first floor, before the election commission) prior to the date of public announcement of the election of representatives from each floor, and no person dismissed from office as a member of the Election Commission or the Managing Body shall become a member:

(7) In the event that the election of the managing body operator (representatives by floor) is completed, the commission shall be dissolved to that person after publishing the election of representatives by floor.

On March 24, 2015, the defendant reported this case's rules to the Geumcheon-gu Office in the name of the head of the customer support center of the aggregate building of this case.

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