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(영문) 서울고등법원 2016.11.24 2016나2035251
관리단지위확인 등 청구의 소
Text

1. The plaintiff's appeal is dismissed.

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

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

Reasons

1. Facts of recognition;

A. The Defendant’s position is an aggregate building of the first and 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

B. The current status of the enactment of the instant management rules and written consent 1) The instant management rules became the main axis, B, C, etc., a sectional owner of the instant commercial building, and constituted a temporary management committee around October 2013. On April 21, 2014, a temporary management committee was held to hold a temporary management committee and manage rules (hereinafter “instant management rules”).

The management rules of this case were established, and the main contents of the management rules of this case are as follows: Act on the Ownership and Management of Aggregate Buildings in Article 2-2 (Name of Chairperson of Management Committee) are the Act on the Ownership and Management of Aggregate Buildings; hereinafter referred to as "Act on the Ownership and Management of Aggregate Buildings". The chairperson of Management Committee under Article 7 of the Enforcement Decree shall be

Article 3 (Scope and Scope of Application) This Code shall apply to the management, use, etc. of A apartment-centered aggregate buildings and their sites and appurtenant buildings constructed on one parcel outside Songpa-gu Seoul Metropolitan Government. Article 5 (Establishment, Amendment, and Abolition of Regulations) (1) The establishment, amendment, and repeal of regulations shall require the consent of at least 3/4 of the sectional owners and at least 3/4 of voting rights at the meeting of the management body. (2) The agenda for the establishment, amendment, and repeal of regulations may be proposed at the meeting of the management body by a resolution of the management body: Article 45 (Exercise of Voting Rights in Writing).

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