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(영문) 서울동부지방법원 2016.05.25 2015가합102901
관리단지위확인 등 청구의 소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

Facts of recognition

The defendant's position is the aggregate building of the first floor and the third floor above ground consisting of 210 members.

For the management of the commercial building of this case, the defendant was an organization consisting of the sectional owners and lessees of the commercial building of this case. On April 28, 1990, the defendant enacted the APPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPP

In the present status of the enactment of the instant management rules and written consent, B, C, etc., a sectional owner of the instant commercial building, formed a temporary management committee around October 2013. On April 21, 2014, a temporary management committee was held to establish the management rules (hereinafter “instant management rules”) by holding a temporary management committee. The main contents of the said management rules are as follows.

Article 2-2 (Name of Chairperson of Management Committee) The Chairperson of Management Committee referred to in Article 7 of the Enforcement Decree of the same Act refers to the Chairperson of Management Committee (hereinafter referred to as the "Chairperson").

Article 3 (Scope of Application) This Code shall apply to the management, use, etc. of A apartment-centered aggregate buildings and their sites and affiliated buildings constructed on one parcel outside Songpa-gu Seoul Metropolitan Government D.

Article 5 (Establishment, Alteration and Abolition of Regulations) (1) The establishment, alteration and repeal of regulations shall be approved at the meeting of the management body by not less than 3/4 of sectional owners and not less than 3/4 of voting rights.

(2) An agenda for the establishment, alteration and repeal of regulations may be proposed at a managing body's meeting by at least 1/5 of sectional owners or by a resolution at the managing body's meeting.

The exercise of voting rights in writing under Article 45 (Exercise of Voting Rights in Writing) may be done before the resolution of the management body meeting is adopted.

Article 48 (Resolution in Writing or by Electronic Means).

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