(영문) 부산지방법원 2016.08.31 2015가합7599

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(영문) 부산지방법원 2016.08.31 2015가합7599

대표권부존재확인

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1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. The parties concerned are non-corporate associations organized for the win-win and development of the stores in Busan Northern-gu E-Ground Building (hereinafter “instant commercial buildings”), and the plaintiffs are co-owners of 1/2 shares of Nos. 801, 901, and 1001 (hereinafter “instant real estate”).

B. The Plaintiffs acquired the Plaintiff’s ownership (1) and completed the registration of ownership transfer as to their respective shares 1/2 on February 27, 2012, each of which was awarded a successful bid in the auction process. The Plaintiffs filed an application for F real estate delivery order with the Busan District Court against the previous owners and the former owners, Inc., Ltd., which claimed a lien on the instant real estate, and received the instant real estate delivery on May 2, 2012 according to the above delivery decision. (2) On July 11, 2012, Plaintiff A reported the business of public bath business to the North-gu Busan Metropolitan Government Office of North-gu, Busan Metropolitan City.

C. The management rules of the instant commercial building have been amended on August 6, 2004, February 6, 2006, January 21, 2009, and July 22, 2013, after the enforcement of the enactment rules (hereinafter “establishment rules”) on January 1, 2003, respectively. The enactment rules and the amendment rules are Article 7 (executive Officers) of the enactment rules.

1. Executives shall be comprised of owners and employers;

2. The term of office shall be one year, and it may be renewed;

4. The qualification of executive officers shall be lost when the qualification for ownership is lost;

It shall be the owner or user of each unit registered in the copy of the register of Article 6 of the amended Code of January 21, 2009 (Change of Membership).

Article 8 (Executives)

1. The prosperity shall have the following executives:

(1) One chairperson, one secretary, and one auditor.

2. The term of office of officers shall be one year, and the president shall be appointed from the top to the lower floor of the building concerned, and the secretary shall be nominated by the president, and the auditor shall be appointed by the former president.

3. Qualifications for the chairperson shall be the persons whose owner and employer are the same from among the members of the prosperity;

July 22, 2013

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