(영문) 서울중앙지방법원 2016.08.18 2015가합11422

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(영문) 서울중앙지방법원 2016.08.18 2015가합11422

당선자지위확인 등

Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. Under the Act on the Ownership and Management of Aggregate Buildings (hereinafter “the Act”), the Defendant is a management body composed of sectional owners of two lots of land (hereinafter “the shopping mall in this case”). The Plaintiff is a sectional owner who owns 8/10 of the shopping mall No. 801-35 and No. 801-36 of the 8th floor of the shopping mall in this case, and the Plaintiff B owns 8/10 of the 8th class of the 8th class of the shopping mall in this case.

B. On January 30, 2009, the Defendant enacted the management rules (hereinafter “instant rules”) and among them, the main contents of the management rules are as follows:

Article 28 (Exercise of Voting Rights at Managing Body's Meetings)

1. The voting rights of each sectional owner shall be based on the ratio of shares provided for in Article 12 of the Aggregate Buildings Act;

2. In calculating voting rights, the entire area shall be on the basis of a square meter unit and the number of decimal places shall be rounded off to the third place for convenience in calculation;

3. In the case of paragraph (1) above, if there exists the area as a section for partial common use, the area of such section for common use shall be allocated in proportion to the area of the section for common use by the sectional owner, and it shall have the voting rights included in

Article 35 (Dismissal of Custodians)

1. If the manager is punished by a fine for negligence on duty or commits any unlawful act, or is not suitable for performing his/her duties on account of health, the operating committee may, by a resolution at the meeting, dismiss a majority of both the sectional owners and voting rights present at the meeting with the attendance of one third of both the sectional owners and voting rights, by a resolution of the meeting;

Provided, That the scope of fraudulent acts shall be determined by the resolution of the Steering Committee due to the activities related to the operation and management of shopping mall.

2. When the receiver is unable to perform his duties normally by means of detention of a criminal person in connection with his duties.

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