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(영문) 의정부지방법원 2018.03.21 2017가합312
관리인 해임
Text

1. The defendant D is dismissed from office as the administrator of the defendant C Management Body.

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

Reasons

1. Basic facts

A. The Plaintiffs are co-owners of the building C (hereinafter “instant commercial building”), and Defendant C’s manager (hereinafter “Defendant C’s manager”) is an organization established for the purpose of implementing projects on the management of sectional ownership buildings and their sites and ancillary facilities by consisting of the entire sectional owners of the instant commercial building pursuant to Article 23 of the Act on Ownership and Management of Condominium Buildings (hereinafter “Joint Building Act”).

B. The instant shopping mall is a building built of reinforced concrete structure on the fourth floor above the ground, the registration of ownership preservation of which was completed on January 28, 2005, and its total floor area is 16,419.05 square meters, and its sectional owner is 71 persons.

C. Defendant D was appointed at the temporary management body meeting on November 25, 2012 as the manager of Defendant D’s management body and was in charge of the instant commercial building until now. At the time of appointment of Defendant D, Nonparty E and F was appointed as the auditor of Defendant management body.

[Ground of recognition] Facts without dispute, Gap evidence 7, Gap evidence 3, Gap evidence 9 and 10, the purport of the whole pleadings

2. The plaintiffs' assertion that Defendant D committed an act in violation of the duty of care as a manager, and that act constitutes "when there is any reason to make it inappropriate for the manager to do so or to perform his duties" under Article 24 (5) of the Aggregate Buildings Act. Thus, the plaintiffs, who are the sectional owners of the above commercial building, request the dismissal of Defendant D.

Pursuant to Articles 26(1) and 32 of the Multi-Family Building Act, and Article 6(1)3 and (3) of the Enforcement Decree of the same Act, a manager who has violated the duty to report shall regularly hold a management body meeting every year and details of budget and settlement of accounts, including the selection process of parties to the management entrustment agreement and the terms and conditions of the contract, and the current expenditure status of management agency fees paid to the management company which has concluded

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