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(영문) 수원지방법원 2017.04.28 2016가합694
대표권한 부존재확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The non-party C, the owner of non-party D, and the owner of non-party D, and the owner of the non-party-owner of the non-party-use shop, who is the business commencement of the building indicated in the separate sheet as a sectioned building (hereinafter “the instant officetel”), held a meeting on January 18, 2005 and appointed the above D as the defendant’s representative and approved the management rules distributed by the project implementer of the instant officetel as the management rules of the instant officetel (hereinafter “officetel management rules”).

B. On January 20, 2005 and April 1, 2006, the defendant was issued with the identification number certificate (the identification number) as a non-profit corporation that does not run a profit-making business from the head of the Suwon Tax Office or the head of the same orchard, under the name before the change.

C. The Defendant received management expenses from the sectional owners of the instant officetel, and around September 2014, delegated the instant officetel’s authority to repair the defects from the sectional owners. On December 22, 2015, the Defendant entered into a contract to entrust the instant officetel’s management work with the instant officetel’s assets.

On September 1, 2015, the Plaintiff acquired sectional ownership No. 805 of the instant officetel No. 805.

E. On February 4, 2016, the number of sectional owners, including Nonparty F, who is the sectional owners of the instant officetel, including Nonparty F, requested a temporary meeting of the management body based on Article 33 of the Act on the Ownership and Management of Aggregate Buildings to the Defendant and D on February 4, 2016. However, as D did not comply with the convocation on February 24, 2016, the Suwon District Court applied for permission to convene the management body meeting as the head of Suwon District Court 2016 non-conforming1 on April 29, 2016.

F. On December 2, 2016, the Defendant’s representative D resigned from the Defendant’s representative office, and on December 5, 2016, the said 69 was publicly announced to hold an extraordinary general meeting and appointed F as the representative from the extraordinary general meeting held on December 20, 2016.

F is the name of "Btel management body" from the head of the Suwon Tax Office on December 23, 2016, with the same identification number as the above identification number issued by the defendant on April 1, 2006.

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