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1. Defendant D shall pay to the Plaintiff KRW 12,202,39 and the interest rate of KRW 15% per annum from August 28, 2018 to the date of full payment.
Reasons
1. Claim against Defendant B and Defendant C
A. Basic facts 1) The Plaintiff is an aggregate building of the 1st underground floor and the 6th ground floor in Ansan-si Group E (hereinafter “instant building”).
(2) Defendant B, as a sectional owner of the instant building, organized a 1st century conference for the management of the instant building with F around the end of 2006, and was elected as the president of the 2013 conference and was in charge of the management of the instant building.
-A No evidence exists to deem that the instant building management body or Defendant B was legally appointed as a manager in accordance with the procedures set forth in the Act on the Ownership and Management of Aggregate Buildings (hereinafter referred to as the “Act on the Ownership and Management of Aggregate Buildings”), and there is no evidence to deem that the resolution of the management body meeting held on December 2, 2014 by Defendant B as a manager was made lawfully through a convocation procedure set forth in the Act on the Ownership and Management of Aggregate Buildings, and thus, it is null and void.
- The resolution adopted on November 14, 2014 by the Plaintiff’s management body meeting that was appointed by H as the manager and the resolution adopted on April 30, 2015 and July 21, 2015, all defects, but the ratification resolution adopted on January 5, 2016 is legitimate.
3) Next, the Plaintiff’s management body meeting held on November 14, 2014 under the direction of H, a lessee of G, was defective in a resolution appointing H as a manager; Defendant B also held a general meeting of the management body of the instant building on December 2, 2014 and appointed as a manager and thereafter Defendant C (hereinafter “Defendant C”).
(2) In the instant case of the provisional disposition of Seoul High Court 2016Ra20105, the Seoul High Court rendered a decision that H is the Plaintiff’s administrator on July 27, 2016, and the said decision became final and conclusive as the withdrawal of the reappeal by Defendant B. 2, 5, A’s evidence No. 6-3, A’s evidence Nos. 14, 15, and 15, respectively.