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(영문) 서울동부지방법원 2017.08.18 2017나478
관리비
Text

1. The part of the judgment of the court of first instance against the plaintiff corresponding to the amount ordered to be paid below shall be revoked.

The defendant.

Reasons

1. Facts of recognition;

A. The buildings of three underground floors and 14 stories above ground located in Gangdong-gu Seoul Metropolitan Government (hereinafter “instant buildings”) are aggregate buildings under the Act on Ownership and Management of Condominium Buildings (hereinafter “the Aggregate Buildings Act”).

B. On June 25, 2014, the Defendant completed the registration of ownership transfer due to the sale of Nos. 484 and 485 of the instant building (hereinafter “each of the instant stores”) on June 18, 2014.

C. On March 27, 2017, the Plaintiff, among the total 301 sectional owners of the instant building, held an extraordinary general meeting (hereinafter “instant extraordinary general meeting”) in which 204 persons (114 persons present at the instant building, 28 persons present at the agency, and 62 persons with written consent) attend, appointed D as the representative of the management body.

[Management Rules] Article 6 (Duties, Rights, etc. of Sectional Owners) (2) Sectional owners, etc. shall bear monthly management expenses incurred in the maintenance and management of buildings, etc.

Article 28 (Voting Rights) (2) A voting right may be exercised in writing or by proxy, but the appointment and dismissal of such agent shall be submitted to the receiver, before the opening of the meeting is held, to be reported to the principal meeting or a document evidencing the power

Article 29 (Quorum) Except as otherwise provided for in the Act or these Regulations, a meeting shall be established with the attendance of the majority of sectional owners or more, and shall be resolved with the concurrent vote of the majority of the present members or more, and the Speaker shall have the right to

Article 30 (Resolution and Resolution) (3) A resolution at an assembly of managing bodies on the following matters shall require the consent of a majority of voting rights or more:

1. Ratification and dismissal of administrators;

D. Of the instant management rules, the main contents on the obligation to pay management expenses and the election of the representative of the management body are as follows.

The sum of No. 484 (No. 484) No. 485 (No. 485) plus unpaid management expenses (No. 2,673,750 won from October 2012 to March 2017), 2,785,650 won, 5,459,400 late 135,980 won, plus 27,680 won.

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