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Reasons
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(영문) 서울고등법원 2017.11.30 2017나2024777
손해배상(기)
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1. The plaintiff's appeal is all dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. 1) The Plaintiff is an aggregate building built on the Gangnam-gu Seoul Metropolitan Government H and I ground (hereinafter “instant aggregate building”).

The Act on Ownership and Management of Condominium Buildings (hereinafter referred to as the “Act on Ownership and Management of Condominium Buildings”) which is established with respect to an aggregate building

(2) Defendant C, as a manager of the Plaintiff’s representative (hereinafter “manager”) from April 18, 2005 to June 2013, 2013, performed his duties such as collecting management fees and paying public charges. Defendant D, E, F, and G, together with Defendant C, performed duties as a managing member of the Plaintiff Management Committee (hereinafter “Management Committee”).

B. Around February 2005, the management rules of the instant condominium building (hereinafter “instant management rules”) were enacted for the operation and management of the instant condominium building. The main contents of the instant management rules are as follows.

Part I of the General Provisions of Section 2 (Definition of Terms) The definitions of terms used in this Code shall be as follows:

1. The term "occupant" means the owner of the exclusive ownership of the aggregate building in this case which is the object of sectional ownership;

3. The term "occupant, etc." means the owner and the lessee;

Part II Article 8 (Rights, etc. of Occupants)

1.The occupants shall have the following rights:

(3) A right to elect the chairperson and (4) A right to elect the chairperson.

1.One section of exclusive ownership shall have one voting right.

2. An occupant may exercise his/her voting right by delegation of a document or an agent;

Article 10 (Resolution)

1. The following matters shall be decided with the consent of a majority of occupants, etc.:

In such cases, when the management method is determined (change) or the entrusted management company is selected, a proposal shall be made by at least 2/5 of the management committee or occupants.

(1)

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