logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2015.10.20 2015나2003691
관리인해임
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. As to this part of the basic facts, the corresponding part of the reasoning for the judgment of the first instance shall be quoted pursuant to the main sentence of Article 420 of the Civil Procedure

① On the other hand, the first instance court’s decision 5 pages 12-13, “213 general sectional owners, 181 joint owners present 206 joint owners (including the submission of a delegation letter),” and “213 joint owners, 213 joint owners, 181 joint owners (including the submission of a delegation letter) among the 196 joint owners present, 181 joint owners [184.97% of sectional owners (181/213) of sectional owners, 55.68% of voting rights (5,989 square meters/10,756.14m2 of exclusive ownership),” and

Article 15 (Change of Section for Common Use) (1) of the Aggregate Buildings Act shall be determined by resolution of not less than 3/4 of sectional owners and not less than 3/4 of voting rights at the managing body's meeting.

Article 24 (Appointment, etc. of Custodians) (5) If the manager commits any unlawful act or any reason exists that makes it inappropriate to perform his/her duties, any sectional owner may request the court to dismiss the manager.

Article 26 (Manager's Duty to Report, etc.) (1) A manager shall make a report on his/her duties to sectional owners at least once a year, as prescribed by Presidential Decree.

(2) An interested party may request the inspection of the report data under paragraph (1) or the delivery of a certified copy thereof at his/her own expense.

(3) The provisions concerning delegation of the Civil Act shall apply mutatis mutandis to the rights and duties of administrators not provided for in this Act or regulations.

Article 29 (Establishment, Amendment and Abolition of Regulations) (1) The establishment, amendment and repeal of regulations shall be done at the managing body's meeting with the consent of not less than 3/4 of sectional owners and not less than 3/4 of voting rights.

In such cases, if the establishment, amendment, or repeal of regulations has a special effect on some sectional owners' rights, the consent of such sectional owners shall be obtained.

arrow