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(영문) 서울중앙지방법원 2016.07.15 2015가합7829
관리인 지위 부존재확인
Text

1. The plaintiff's lawsuit of this case against the defendant C is dismissed.

2. The defendant C is the manager of the defendant B Building Management Body.

Reasons

1. Basic facts

A. Defendant management body is a management body under Article 23 of the Act on Ownership and Management of Condominium Buildings, which consists of all sectional owners of a building listed in the attached list, and the Plaintiff is a sectional owner of the first floor No. 424, 425, 426, 386, and 387 among the shopping mall mentioned above.

B. On February 7, 2015, the ordinary assembly management committee under the Defendant management body (hereinafter “election commission”) held the 4th election (hereinafter “instant election”), and the Plaintiff, D, and Defendant C were recruited as a candidate for the manager, and D retired from the office.

C. On March 5, 2015, the regular assembly management committee announced that Defendant C was elected as a custodian on the ground that the largest number of sectional owners and voting rights were obtained as a result of the ballot counting.

The contents of the Aggregate Buildings Act, the Enforcement Decree of the Act, the defendant's management rules (hereinafter referred to as the "management rules of this case"), and the election management rules (hereinafter referred to as the "election management rules of this case") are as follows.

[2] Article 26-2 (Establishment and Functions of Management Committee) (1) of the Aggregate Buildings Act may have a management committee as stipulated by regulations.

Article 26-3 (Organization and Operation of Managing Committee) (1) Members of the Managing Committee shall be elected from among sectional owners by a resolution of the Managing Committee.

Provided, That if the regulations provide otherwise for the resolution of the management body meeting, such regulations shall prevail.

(3) Matters necessary for the composition and operation of the Custodial Committee other than those prescribed in paragraphs (1) and (2) shall be prescribed by Presidential Decree.

Article 38 (Methods of Resolution) (1) Decision of the management body meeting shall be adopted by the majority of sectional owners and the majority of voting rights, unless otherwise prescribed by this Act or regulations.

(2) Voting rights means an electronic data processing system in writing or by electronic means, or other methods prescribed by Presidential Decree, using information and communications technology.

(c).

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