(영문) 서울남부지방법원 2017.10.13 2017가단201686

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(영문) 서울남부지방법원 2017.10.13 2017가단201686

손해배상(기)

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1. The instant lawsuit shall be dismissed.

2. The costs of the lawsuit shall be borne by C.

Reasons

1. Facts of recognition;

A. (1) The Plaintiff is the managing body of Gangseo-gu Seoul Metropolitan Government A commercial building (hereinafter “instant commercial building”), and the Defendant is the sectional owner of the instant commercial building.

(2) The instant commercial building is registered with 56 stores in total, and the total area of the section for exclusive use, which is the object of each sectional ownership, is 5,081 square meters (1537.086 square meters).

B. (1) On March 3, 2016, the Plaintiff, composed of the sectional owners of the instant shopping district, elected C, D, E, and F as operating members of the management committee, which is a subordinate organization of the management body, on November 13, 2015, pursuant to Article 43 of the management rules of the instant shopping district on November 13, 2015, and the management committee elected D on March 7, 2016 as the chairperson.

(2) G, a sectional owner of the instant commercial building, filed an application for a provisional disposition seeking suspension of the performance of duties and appointment of acting directors with the Seoul Southern District Court 2016Kahap599 against D by asserting that the said resolution for the election of the operating committee members and the president was invalid, and the said court rendered a decision to accept a partial application for the suspension of performance of duties on the ground that Article 43 of the Management Rules of November 13, 2015, which served as the basis for selecting D on May 19, 2016 as operating committee members and the president, was illegal and invalid.

(3) After D, on June 15, 2016, upon consent of D, C, and F, appointed C as the chief executive officer of the steering committee according to the agreement of D, C, and F among the operating committee members.

C. (1) Around June 28, 2016, the number of sectional owners holding 30 of the 56 sections of the instant commercial building requested C to convene an extraordinary meeting of the management committee for the purpose of election of the operating committee members and the president, but C rejected such request.

(2) Accordingly, 35 sectional owners of the instant commercial building are against the management body.

유사 판례

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-부산지방법원 2020.04.22 2019가합43234

-서울고등법원 2020.01.16 2019나2022355