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(영문) 수원지방법원 2016.01.08 2013나48002
주차비 반환
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The defendant is an organization consisting of all sectional owners of the instant building in order to carry out the operation, management, etc. of the building in Ansan-si Section B (hereinafter "the instant building") pursuant to Article 23 of the Act on the Ownership and Management of Aggregate Buildings (hereinafter "the Aggregate Buildings Act"), and the plaintiff is an occupant of 42 of the instant building.

B. Of the management rules for the instant building (amended on February 25, 2001; hereinafter “instant management rules”) of the instant management rules, the parts related to the instant case are as follows:

(The plaintiff asserted that the management rules of this case were amended through the resolution of the management body meeting on June 1, 2004, but the evidence submitted by the plaintiff alone is insufficient to recognize it, and there is no other evidence to recognize it). Article 9 (Exercise of Voting Rights) ① Voting Rights of sectional owners shall have voting rights in proportion to the size ratio of each sectional owner’s exclusive ownership.

(3) A sectional owner may exercise his/her voting right in writing or by proxy according to the provisions of Acts.

(4) Where a sectional owner exercises his/her voting right by proxy, his/her agent shall be the possessor of the section for exclusive use that is his/her own, and submit a document proving his/her power of representation to the manager, and the exercise of voting right

Article 10 (Resolution) (1) The following matters shall be decided by the affirmative votes of not less than three fourths of sectional owners, and other matters by the majority:

1. Enactment or amendment of the management rules;

2. Alteration or disposal of the site and the section for common use;

3. Consent to the decision on management methods.

Article 15 (Organization of Managing Body Meetings) (1) The assembly of Managing Body shall be composed of sectional owners of B buildings.

(2) The assembly shall report to the administrator, along with a document evidencing that sectional ownership has been acquired (including acquisition by succession) not later than five days before the date of the assembly.

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