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(영문) 서울동부지방법원 2019.04.18 2018가합464
상가관리권부존재확인의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On September 6, 2012, the Plaintiff is a sectional owner who acquired the ownership of the 8th floor of Gwangjin-gu Seoul Special Metropolitan City (hereinafter “instant commercial building”). The Defendant was established on November 28, 1997 as E Co., Ltd. and changed its trade name to F Co., Ltd. on December 28, 2006, but changed its trade name to F Co., Ltd. on November 27, 2017. After the completion of the instant commercial building, the Plaintiff is a company managing the building of this case.

Article 30 (Composition of Representative Committee) of the Regulations of the Management Body

1. A representative committee shall be established to deliberate and determine important matters concerning the affairs of the management body;

Article 31 (Appointment of Representative Members)

1. Representative members shall be appointed with the consent of at least the majority of voting rights present at an assembly by selecting one representative member with the majority of voting rights as the maximum number of voting rights in each floor or district with the majority of all sectional owners on each floor or district of the sales Dong and office, until the assembly is held, and in principle, a candidate for representative members elected on each floor or district shall be appointed as representative members;

Article 32 (Appointment of Officers)

1. The representative committee shall have one chairperson, two auditors, one secretary and a number of directors separately determined by the representative committee as its officers;

Article 33 (Term of Office)

1. The term of office of the representative members shall be one year and they may be reappointed;

3. The term of office of officers shall be one year, and they may be reappointed;

Article 37 (Functions of Representative Committee) The Representative Committee shall determine or deal with the following matters:

4. Determination of entrustment fees for administrators;

7. Other matters necessary for the management of buildings and matters concerning joint business activities.

2. The conclusion of a management contract following the appointment of an administrator shall be made by a representative committee and manager;

B. The management body of the commercial building of this case (hereinafter “management body of this case”) shall establish the management body regulations with the consent of at least 3/4 of both sectional owners and voting rights, and shall elect the representative members by district.

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