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(영문) 대구고등법원 2019.03.21 2018나24104
부당이득금
Text

1. The appeal of this case is dismissed.

2. The costs of appeal shall be borne by AJ expressed as the representative of the plaintiff.

purport, purport, and.

Reasons

1. Basic facts

A. The Plaintiff’s respective management body’s relocation process 1) D (the location E, 3 Dong-gu, Daegu-gu, 259 households ( Apartment 212, officetels 36, and neighborhood living facilities 11), hereinafter “D”).

[2] On July 29, 2003, a construction permit was issued on November 19, 2003, and the approval for use was granted on April 5, 2007. 2) A [the location: F, 129 households in Daegu-gu, 1, and 129 households in total (Attachment 102, 24, and 3; hereinafter “A”)] obtained on July 29, 2003, and obtained the construction permit on November 19, 2003, and obtained the approval for use on April 9, 2007.

3) Each site D and A is located across two-lanes of general roads from each other. D and A’s designer, project supervisor, and contractor (field manager) are the same, and the owner is different. 4) The Defendant, composed of D and A’s entire management, filed a report with the head of Daegu Metropolitan City Dong-gu, Seoul, and the said report was accepted on May 1, 2008.

From around that time, the defendant performed management business (management method: entrusted management method) for D and A as a whole.

B. The Plaintiff’s management body meeting 1) The Plaintiff’s appointment of the manager composed of only A sectional owners, and the composition of the management body at around 20:30 on June 5, 2017 (hereinafter “the first management body meeting”).

A) At the first meeting of the management body, C (A’s wife, a sectional owner), was appointed as a manager (the president), and H and I was elected as a member of the management body. 2) With respect to the instant lawsuit brought by C as the Plaintiff’s representative, the first meeting and resolution of the management body at the meeting of the management body was held in violation of the Act on the Ownership and Management of Aggregate Buildings (hereinafter “the Act”), and procedural defects and procedural defects are gravely null and void. Since C, who was appointed as the manager at the meeting of the management body, was not entitled to represent the Plaintiff, the instant lawsuit was dismissed on the ground that it is unlawful.

3. Judgment of the first instance court is pronounced.

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