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(영문) 대전지방법원 천안지원 2018.12.14 2018가합476
관리인 및 관리위원회회장 지위 부존재확인
Text

1. The defendant confirms that he is not in the position of the president of the C Management Committee.

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

Reasons

1. Basic facts

A. The status of the party is that the Plaintiff is the sectional owners under subparagraph E and F of the building C, an aggregate building D located in Seo-gu, Seo-gu, Seocheon-gu (hereinafter “instant building”), and the Defendant is the owner of H, who is the sectional owner under subparagraph G of the instant building.

B. 1) On January 18, 2018, J’s husband K of the instant building owner I of the instant building: (a) on January 25, 2018, under the name of the management body of the instant building, the instant building owner: (b) made a public announcement of convening the general meeting of the management body of the instant building; and (c) convened the meeting of the management body of the instant building, which is held on January 25, 2018, the purpose of which is “the relocation and appointment of executive officers of the management committee” as the name of the management body of the instant building; and (d) on January 25, 2018, at the meeting of the management body of the instant building held on January 25, 2018, the Defendant was appointed as the president of the management body of the instant building.

C. The content of the management rules for the management body of the instant building is as follows.

Article 17 (Convocation and Notice of Assembly of Management Body)

1. The meeting shall be a regular meeting and a temporary meeting;

2. The chairperson of the management committee shall convene a regular meeting once a year;

3. The chairperson of the management committee shall notify the sectional owners under subparagraph 2 of Article 16 of a written document specifying the matters concerning the purpose of the temporary place of assembly seven days before the date on which the assembly is held.

Article 19 (Composition of Managing Body)

1. The management committee shall be established to deliberate and resolve on important matters concerning the affairs of the management committee;

2. The management members shall be elected at the meeting of the management body;

Article 20 (Appointment and Duties of Officers)

1. The Administrative Committee shall have a chairperson, a vice-chairperson, two auditors, a general secretary, a total of five persons, and a minimum number of the quorum for a proceedings, and a majority of the quorum for a proceedings.

The Chairperson shall be the Chairperson of the regular and temporary assembly, and the management body of the building of this case shall be the Chairperson.

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