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(영문) 서울중앙지방법원 2015.01.22 2014가합38376
회장 및 임원지위 부존재확인
Text

1. Of the instant lawsuit, the part concerning the confirmation of the absence of the status of the president or executive officers of the Defendant C shall be dismissed.

2...

Reasons

1. The following facts may be found either in dispute between the parties or in accordance with Gap evidence Nos. 1, 2, and 8 (including each number; hereinafter the same shall apply) and Eul evidence Nos. 1 and 18, taking into account the whole purport of the pleadings:

B located in Seocho-gu Seoul Metropolitan Government D (hereinafter referred to as the building in this case) is used as an aggregate building of 6 underground floors and 21th floor above ground as an aggregate building of 21th floor above ground (30 households) and 3 to 21th floor above ground as an officetel (610 households).

Defendant B management body (hereinafter referred to as Defendant B management body) is a management body established under the Act on Ownership and Management of Condominium Buildings (hereinafter referred to as the "Act on Ownership and Management of Condominium Buildings") with respect to the instant building.

B. On February 15, 2013, the Plaintiff, the sectional owner of the instant building, and E, F, G, Defendant C, and H, the executive officers of the 5th managing body, opened a general meeting of sectional owners and elected six executive officers of the 6th managing body at the meeting of the managing body, and subsequently, decided to determine the election of executive officers upon obtaining a written consent from the sectional owners. On February 28, 2013, the general meeting of sectional owners, which was the executive officers of the 6th managing body, was elected by the Plaintiff, I, J, K, Defendant C, and H, who obtained majority of votes, as executive officers of the managing body.

C. Meanwhile, on January 10, 2013, the Plaintiffs filed an application against E, G, F, and Defendant C and H for a suspension of performance of duties and a provisional disposition of appointment of an acting manager against the Seoul Central District Court 2013Kahap73 (Seoul Central District Court). On June 3, 2013, the said court rendered a partial decision that: (a) until the main decision confirming the absence of the status of the managing body against the Plaintiffs as an executive of the managing body of the instant building, E, F, and G shall not perform its duties as an executive of the managing body of the instant building; and (b) the Plaintiffs’ application for suspension of performance of duties as an executive of the managing body against Defendant C and H was dismissed; and (c) again, upon obtaining the written consent of at least 2/3 of the sectional owners under the rules newly appointed on August 29, 2013.

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