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(영문) 부산고등법원 2017.07.06 2016나57178
회장당선무효확인
Text

1. The part of the judgment of the court of first instance regarding the conjunctive claim shall be revoked.

2. The plaintiff's conjunctive claim and this court.

Reasons

1. The first instance court dismissed the plaintiff's main claim and accepted the conjunctive claim. Since only the defendant appealed against the conjunctive claim of the first instance court, the scope of this court's trial is limited to the conjunctive claim and the selective claim added by this court.

2. Basic facts

A. 1) The defendant is the party to the commercial building B in Busan-gu (hereinafter "the commercial building in this case").

The Act on the Ownership and Management of Aggregate Buildings (hereinafter “Act”) consisting of all sectional owners of the aggregate buildings.

(2) Of the instant commercial buildings, the Plaintiff is the sectional owner of the second floor S11 and 12 underground. 2) The main organizations prescribed in the Defendant’s management rules (hereinafter “instant regulations”) are as follows.

(1) "General meeting of a managing body" means a highest decision-making agency comprised of all owned owners, which is a managing body under the Aggregate Buildings Act.

(2) The "Management Committee" shall be composed of all the management members, including the Chairperson, as a permanent representative organ of the ownership, and shall deliberate and decide on the matters prescribed by the rules of this case and supervise each agency and be responsible for the audit of the management office.

(3) The term "chairperson of the management body" shall be appointed by the direct election of the members of the general meeting at the management body as the chairperson of the management committee, the board of directors, and the general meeting of management body (Articles 5(3) and 51(1)). (4) The term "election commission" means any subordinate agency of the management committee concerning election affairs, which is composed of members appointed by the management committee, and shall administer all the election affairs of the management body.

(Articles 5(6) and 65(1)(b)

On February 26, 2015, the Defendant held a management committee on February 26, 2015 and appointed D, E, F, and G as a member of the election management committee to elect the president and managing members of the management committee in 2015. (2) The Defendant is below the general meeting of the management committee on March 25, 2015.

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