logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2014.06.19 2013가합74290
관리인해임
Text

1. Defendant AH is dismissed from office as the manager of the management body of Defendant AG Commercial Price;

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

Reasons

1. The following facts may be found either in dispute between the parties or in combination with Gap evidence Nos. 1, Eul evidence Nos. 2, 8, 9, and 10 (including each number; hereinafter the same shall apply) and witness AI testimony.

The plaintiffs are sectional owners of the second underground floor and AG commercial building (hereinafter referred to as the “instant commercial building”) located in the Seoul Jung-gu AJ, Seoul, and the defendant AG shopping district management body (hereinafter referred to as the “Defendant management body”) is the management body established for the purpose of implementing the business of managing sectional ownership buildings and their site and its ancillary facilities by consisting of 290 sectional owners of the instant commercial building pursuant to Article 23 of the Act on Ownership and Management of Condominium Buildings (hereinafter referred to as the “Act on Ownership and Management of Aggregate Buildings”).

B. As the sectional owners of the 5,6, and 7th floor above the instant commercial building, Defendant AH was appointed from the management body meeting dated December 12, 2008 and the management body meeting dated September 22, 2009 as the manager of the Defendant management body and carried out its duties. However, in the case of a lawsuit seeking confirmation of invalidity of the resolution to appoint the manager at the Seoul Central District Court Decision 2009Kahap142172 decided August 26, 2010, Defendant AH was sentenced to the judgment that the above management body’s appointment of Defendant AH as the manager was null and void, and again appointed from the management body’s meeting on November 26, 2010 as the manager of the Defendant management body’s management body until now.

2. The plaintiffs' assertion that the defendant AH committed an unlawful act or a violation of the duty of care as follows, and thus, the defendant AH should be dismissed from office as the manager of the defendant AH pursuant to Article 24 (3) of the Aggregate Buildings Act.

Article 26 (1) of the Act on the Ownership and Management of Aggregate Buildings provides that the manager shall report the affairs to the sectional owner once a year, but the defendant AH did not perform its duty to report from 2010 to 2013.

(b).

arrow