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(영문) 서울서부지방법원 2016.08.18 2015가합4429
집합건물관리인해임
Text

1. Of the instant lawsuit, the part of the Plaintiff’s primary claim against the Defendants is dismissed.

2. Attached list A by Defendant A.

Reasons

1. Basic facts

A. The building B, which is the building indicated in the separate sheet (hereinafter “instant building”) was completed around November 2007.

The Plaintiff is a sectional owner who owns 90.62% of the shares in the instant building.

Defendant B’s management body (hereinafter “Defendant B’s management body”) is a management body established pursuant to Article 23 of the former Act on the Ownership and Management of Aggregate Buildings (amended by Act No. 10204, Mar. 31, 2010) for the purpose of implementing projects concerning the management of aggregate buildings and their sites with all sectional owners of the instant building as members.

B. A around March 28, 2015, Defendant A was appointed at the meeting of the Defendant Management Body as a manager and performed the duties as manager from June 1, 2015.

C. The management rules of the defendant management body (hereinafter referred to as the "management rules in this case") stipulate the following contents, etc.

Article 1(Purpose)The purpose of this Code is to prescribe matters necessary for the management or use of B aggregate buildings, sites and facilities annexed thereto under the Act on the Ownership and Management of Aggregate Buildings (hereinafter referred to as the "Act").

Article 51 (Appointment, etc. of Manager) (1) The manager shall be appointed or dismissed by a resolution of the managing body's meeting.

(2) The term of office of a custodian shall be two years and he/she may be reappointed.

(4) A custodian whose term of office expires shall perform his/her duties until his/her successor is appointed.

In any of the following cases, a sectional owner may request the court to dismiss an administrator pursuant to Article 24 (5) of the Act:

1. Where the water subject to management is destroyed or damaged by intention or gross negligence, thereby causing damage to sectional owners, etc.;

2. Where revenues of the management body, such as management expenses and repair reserve, are embezzled;

3. Where it causes damage to the fairness of bidding, such as divulging bid information in the process of selecting entrusted management companies, etc. or receives money and valuables;

4. Where there are other circumstances that make it inappropriate for the custodian to perform the illegal act or duties.

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