(영문) 수원지방법원안산지원 2017.06.08 2014가합22373

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(영문) 수원지방법원안산지원 2017.06.08 2014가합22373

관리비

Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by E.

Reasons

1. Basic facts

A. Under the Act on the Ownership and Management of Aggregate Buildings (hereinafter “the Aggregate Buildings Act”), the Plaintiff is a management body established with all sectional owners of the 6th floor of neighborhood living facilities located in Ansan-si F (hereinafter “A”). Defendant B is a management body established with all sectional owners of the 201 and 201-1 of the building A, Defendant C is a sectional owner who acquired each ownership of the 601 unit of the building A, and Defendant D is a sectional owner who acquired each ownership of the 109 unit of the building A.

B. G and H newly constructed a building A, and completed registration of initial ownership relating to 1/2 shares in a building A on September 24, 2002, and agreed to appoint G as a manager of the building A while enacting the management rules. Since a building A was sold in lots, the sectional owners of the building A exceeded 10, around October 2002, and G was approved by all sectional owners of the building and was given a written consent to appoint G as a manager.

C. The main contents of the A Building Management Rules enacted around September 2002 are as follows:

Article 9 (Right to Use and Share of Co-owner) (2) The share of each co-owner shall be based on the ratio of the area of his/her section of exclusive ownership.

Article 13 (Appointment, etc. of Manager) (1) If there are at least ten sectional owners, a manager shall be appointed.

(2) The manager shall be appointed or dismissed by the resolution of the majority of managing body's meetings.

Article 26 (Voting Rights) (1) Each sectional owner's voting rights shall be in accordance with the share ratio, unless otherwise provided by regulations.

In principle, the voting rights of each sectional owner shall be granted one voting right to the single sectional ownership.

Article 27 (Method of Resolution) (1) Decision of the management body meeting shall be adopted as a majority of the voting rights of sectional owners, unless otherwise stipulated by these regulations.

(2) Voting rights may be exercised in writing or by proxy.

Since then G is an agenda for the replacement of the manager on May 6, 2008 to the sectional owners of the building A on April 25, 2008.

참조조문

-집합건물의 소유 및 관리에 관한 법률

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