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(영문) 서울중앙지방법원 2014.06.27 2013가합9043
층별대표선출결의무효확인
Text

1. At the election of representatives for each floor of a building as stated in the separate sheet executed by the Defendant on November 20, 2012, D, E, and F, the first floor, G, and H, the second floor, and I, and 5.

Reasons

1. Basic facts

A. The Defendant is an organization composed of representatives from each floor for the purpose of self-management of the building indicated in the attached Form (hereinafter “instant building”), and the Plaintiffs are sectional owners of the instant building.

B. On May 19, 2004, the instant building was approved by the head of Seocho-gu on May 19, 2004, and 330 households were sold around that time.

From December 30, 2009 to June 30, 201, L, a manager acting for the court, performed his duties as the Defendant’s manager. On October 20, 2010, the instant building management rules (hereinafter “instant regulations”) with the following contents were enacted, and around November 20, 2010, pursuant to Articles 20(2) and 30(1)3 proviso of the instant regulations, the management regulations for the election management of the instant building (hereinafter “instant regulations for the election management”).

Article 11 (Matters to be Resolved at Managing Body's Meeting) (2) The remaining sectional owners except as otherwise expressly provided for in paragraph (1) shall delegate their authority to the representative of Managing Body elected by them, and shall be determined with the consent of a majority of the representative members

Article 16 (Number and Election of Representatives of Managing Body) (2) Representatives of each floor shall be elected with the written consent of at least a majority of sectional owners of the relevant floor.

(4) The president of a managing body shall be elected by the candidate (excluding persons with bad credit standing) with the consent of a majority of sectional owners or more.

Article 18 (Disqualifications, etc. for Representative of Managing Body) (2) In any of the following cases after being elected as the representative of the Managing Body, he/she may be dismissed by a resolution of at least a majority of the members of the Managing Body:

In such cases, a person falling under subparagraphs 3, 4, and 6 shall be deemed naturally dismissed.

6. Article 19 (Term of Office, etc. of Representative of Managing Body) (1) The term of office of the representative of Managing Body shall be two years, and he/she shall be reappointed only once.

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