logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2019.07.12 2018가합59236
관리인선임 무효확인 청구의 소
Text

1. The Defendant’s act of appointing theO as a custodian on April 13, 2017 confirms that it is null and void.

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

Reasons

1. Basic facts

A. The Plaintiffs are co-owners of the NEA at the time of the Government, and the Defendant is a management body established with the members of the sectional owners of the instant aggregate building as members under the Act on the Ownership and Management of Aggregate Buildings (hereinafter “Aggregate Buildings Act”).

B. On April 13, 2017, the Defendant reported the change of the Defendant’s representative to O to the head of the Gu Tax Office.

C. On June 8, 2017, the NO Special Representative Committee (hereinafter “the Committee”) made a resolution of ratification of the Defendant’s appointment of a custodian against O (hereinafter “instant ratification resolution”). At the time of the instant resolution, the NO and four other persons participated in the resolution as representatives of each floor of the instant condominium building.

Of the provisions of the Aggregate Buildings Act and the management rules for defendant in relation to this case, the appointment of the receiver and the representative committee shall be as follows:

[2] Article 24 (Appointment, etc. of Manager) (1) of the Aggregate Buildings Act shall represent the management body and appoint a manager to execute the affairs of the management body if there are at least ten sectional owners.

(2) The manager shall not be required to be a sectional owner, and his/her term of office shall be determined by regulations within two years.

(3) The manager shall be appointed or dismissed by resolution at managing body's meetings.

Provided, That the regulations shall apply where the appointment or dismissal is determined by a resolution of the management committee under Article 26-2.

(4) A person who occupies the section for exclusive use with the consent of sectional owners may exercise his/her voting right by attending the managing body's meeting under the main sentence of paragraph (3).

Provided, That this shall not apply where the sectional owners and occupants otherwise determine and notify the management body, or the sectional owners notify the management body that they will exercise their voting rights directly before the assembly is held.

Article 26-2 (Establishment and Functions of Managing Committee) (1) A managing committee shall be determined by regulations.

arrow