logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2015.03.04 2014나24565
관리인선임결의 무효확인
Text

1. Revocation of a judgment of the first instance;

2. The resolution of the management body meeting held on July 6, 2013 by the Defendant who appointed H as the manager is adopted.

Reasons

1. Basic facts

A. The defendant is a management body under the Act on the Ownership and Management of Aggregate Buildings (hereinafter referred to as the "Aggregate Buildings Act"), comprised of sectional owners of the seven underground floors, nine floors above ground, the total area of 11,878.37 square meters below the total area of G commercial buildings in Jongno-gu Seoul Metropolitan Government I (hereinafter referred to as the "instant commercial buildings"), and the plaintiffs are sectional owners of the instant commercial buildings.

B. On May 14, 2005, the Defendant, including the enactment of the bylaws, held an inaugural general meeting on May 14, 2005, established the rules for the management of the instant commercial building (hereinafter “instant management rules”) and appointed the Z as the manager.

C. Although the term of office of the manager or acting manager has expired, the representative committee, which is an agency under the instant provision, appointed H as the manager by a resolution to appoint H on July 15, 2008. However, under the Act on the Ownership and Management of Aggregate Buildings, the appointment of the manager under the Act on the Ownership and Management of Aggregate Buildings was suspended by the Seoul Central District Court Order 2010Kahap3154 on January 11, 201, on the ground that the appointment of the manager under the Act on the Ownership and Management of Aggregate Buildings was the exclusive resolution of the management body meeting, and the appointment of the manager was made by J as the manager under the same court Order 2010Kahap3250 on January 10, 201, and thereafter, the manager was replaced by the acting manager under the said Act on February 7, 2012.

Resolution 1) On May 9, 2013, the above H sought permission to convene a temporary meeting of the management body to appoint a manager as of July 6, 2013 as the status of an acting manager of the Defendant’s manager (hereinafter “instant meeting”), and the above court granted permission to convene a temporary meeting of the management body on June 5, 2013. (2) The Defendant’s management body meeting held on July 6, 2013 (hereinafter “instant meeting”), which held on July 6, 2013, passed a resolution to appoint the above H as a manager (hereinafter “instant resolution”). The minutes (hereinafter “instant minutes”) were the instant resolution.

arrow