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(영문) 서울동부지방법원 2016.05.27 2015가합109339
관리인지위부존재확인의 소
Text

1. C confirms that the defendant's president (trustee) is not the defendant's president.

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

Reasons

1. Facts of recognition (applicable grounds for recognition: Evidence of subparagraphs 1 through 3, evidence of subparagraph 6, each of the evidence of subparagraph 6, and purport of whole pleadings);

A. The Gangdong-gu Seoul Building (hereinafter “instant Condominium”) is composed of four underground floors and 14 floors above ground and 14 floors above ground and 3 to 14 floors above ground, respectively, around July 31, 2004.

B. The Plaintiff is a co-owner of 201 to 209, 211 to 216 of the instant aggregate building, together with D Co., Ltd. (Co., Ltd. E prior to the change) and F Co., Ltd. (Ga Co., Ltd. G), respectively.

Article 20 (Representatives by Floor)

1.The delegates of each floor shall be classified into the following categories and be elected in the fixed number of nine persons:

Officetel: 6 persons, 3 persons;

2. The representatives of each floor shall be elected with the consent of a majority of sectional owners or more of the relevant floor;

Article 21 (Composition of Managing Body Committee)

1. The managing body committee shall be composed of representatives by floor;

3. The president of the management body shall be elected with the consent of a majority of the delegates;

C. On December 15, 2004, at the inaugural general meeting held on December 15, 2004, the Defendant managing body attended 17 members from among sectional owners, and elected the president and representatives from each floor, and on March 3, 2005 at the first managing body composed of the representatives from each floor, enacted the management rules (hereinafter “instant enactment rules”) on March 3, 2005, and its main contents are as follows.

The defendant management body shall have at the first ordinary meeting held on March 19, 2007, fourteen persons, among sectional owners, Article 14 (Resolution).

1. The following resolutions shall require the affirmative votes of not less than 3/4 of sectional owners:

(i) the proposal and amendment of the management rules; 2) the election of representatives by floor, Article 20 (Representatives by Floor);

1.The delegates of each floor shall be classified into the following categories and be elected in the fixed number of nine persons:

1) The officetel shall elect 6 (one person on 2 floors) representatives to be elected. 2) The officetel shall elect 3 representatives to be elected.

2. The substitute members of the management body shall be from among sectional owners (in cases of a corporation, its representative);

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