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(영문) 수원지방법원안산지원 2014.08.21 2013가합3481
관리인지위부존재 확인 등
Text

1. The defendant shall set the deadline under the Act on the Ownership and Management of Aggregate Buildings with respect to the building A when the plaintiff shows a city.

Reasons

1. Basic facts

A. The Plaintiff is an organization that is engaged in the management body of the A building in Silung-si (hereinafter “instant building”), and the Defendant is a sectional owner who owns No. 101 to 104 of the instant building.

B. According to the Plaintiff’s management rules, the Plaintiff is composed of the sectional owners of the instant building and the users representing the sectional owners. Each sectional owner shall have one voting right for one section of exclusive ownership, but the voting right may be exercised in writing or by proxy, and the Plaintiff’s election of officers shall be determined by the majority of the occupant and the voting right.

(Article 4(3) through (5), Article 6(1), Article 7(1) and (3), and Article 8(1)2 of the Regulations. (c)

On April 17, 2013, the Plaintiff: (a) held a temporary management body meeting and resolved to appoint Nonparty C as the manager of the instant building; (b) the current status of each sectional owner of the instant building at the time and the aforementioned meetings among sectional owners, or exercising voting rights by means of a written resolution, are as shown in the attached Table 2.

The defendant is not a legitimate management body of the building of this case, but also C who is appointed as a manager at the management body meeting held by the plaintiff is not a legitimate manager of the building of this case.

[Ground of recognition] Unsatisfy, Gap evidence 1, 22, Eul evidence 4 (including each number), the purport of the whole pleadings

2. Determination:

A. The fact that the plaintiff is a legitimate management body of the building of this case is composed of the sectional owners and tenants of the building of this case, and there is no dispute between the parties. The management body under the Act on Ownership and Management of Condominium Buildings should be composed only of sectional owners. The plaintiff not only recognized the sectional owners of the building of this case but also the tenants as members of the building of this case. Thus, the plaintiff is deemed a legitimate management body of the building of this case.

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