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(영문) 인천지방법원 2018.11.30 2017가합54738
회장지위부존재확인
Text

1. The plaintiffs' primary and conjunctive claims are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The plaintiffs are the parties 1) G apartment-type factories, which are apartment-type factories of the size of 2 underground and 8 above ground in Seo-gu Incheon, Seo-gu, Incheon and the 8th ground level (hereinafter “instant buildings”).

2) The instant building is managed by the Defendant, a management body composed of sectional owners, in accordance with the Act on Ownership and Management of Condominium Buildings (hereinafter “Act on Ownership and Management of Condominium Buildings”) and the Enforcement Decree of the same Act. The Defendant is operating in accordance with the articles of association and the management rules enacted by sectional owners. The said articles of association and management rules have a management committee for the efficient management and operation of the instant building, and the chairman of the management committee represents the Defendant.

B. The chairman of the Steering Committee of Article 5 (Speaker) of the General Assembly shall be the chairman of the Defendant’s articles of association and management rules [fixed] of the second General Assembly.

However, when the president is absent, the vice-chairperson shall be the chairperson.

Except as otherwise provided for in Acts and subordinate statutes or the articles of incorporation, a resolution of a general meeting shall be adopted by a majority of the persons present at the meeting, with attendance of attendance of a representative of occupants or a representative of occupants, who shall be equivalent to 1/3.

Part III executives and employees of the Steering Committee shall be persons recommended by the representative of the occupancy company of the Corporation per Article 10 (Appointment of Operating Members) of the Steering Committee or by at least three representatives of lineal ascendants and descendants or occupancy companies who operate a business in the Corporation.

Provided, That the floor elected by the operating committee members shall not concurrently serve as the chairperson of the steering committee.

Article 16 (Resolution of Operating Committee) In principle, a resolution of the Steering Committee shall be made by the attendance of a majority of the operating committee members and a majority of the registered operating committee members.

Article 18 (Chairperson of Operating Committee) (1) The Chairperson of Operating Committee shall represent the Agency.

(2) The chairperson of the steering committee shall be a majority of occupants.

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