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(영문) 서울중앙지방법원 2018.01.25 2014가합566413
양수금
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is an autonomous management body comprised of sectional owners for the management of 640 households in Seocho-gu Seoul Metropolitan Government Atel (hereinafter “instant building”) (30 households in store use, 610 households in officetel use), and the Defendant is a company that newly built and sold the instant building.

B. The defendant obtained approval for the use of the building of this case on September 24, 2004, and thereafter, the relevant household of the building of this case was delivered to the sectional owners from that time.

C. The main contents of the building management rules of this case are as follows.

Part I of the General Provisions of Part I of the A Management Rules refers to the Seocho-gu Seoul Metropolitan Government Ordinance on Section A Office Building and the Management Council (hereinafter referred to as the "Management Council") Management Council.

Article 3 (Scope of Application) This Code shall apply to sectional owners and users.

Article 4 (Definition of Terms Used in this Code) The definitions of terms used in this Code shall be as follows:

1. the term “ sectional owner” means a person who has sectional ownership on the registry of the building concerned;

2. The term “user” means a person other than sectional owners, etc., who resides in the building concerned;

Article 5 (Management Organizations, etc.) A sectional owner shall organize an executive officer of the Management Council to achieve the purpose under Article 2, support the Management Office, and the Management Organization shall be established within this building.

Article 7 (Effect of Regulations)

1. This regulations shall also be effective against a person who succeeds to the status of a sectional owner;

2. The contents of these regulations shall also have the same effect as to the employer and the occupant.

Part II Section 8 (General Meeting of Sectional Owners)

1. The general meeting shall be divided into an ordinary general meeting and an extraordinary general meeting;

2. An ordinary general meeting shall be convened by the chairman once a year; and

(Provided, That if there is no special resolution, a business report may be substituted by a resolution of the board of directors; 3. An extraordinary meeting shall be held by the chairperson within two weeks when there is a resolution to convene the board of directors or at least one-fifth of sectional owners.

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