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(영문) 부산고등법원 2015.10.21 2015나51302
건물명도 등
Text

1. The defendant's appeal is all dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The reasoning for the court’s explanation of this case is as follows, and this case is cited by the main text of Article 420 of the Civil Procedure Act, inasmuch as the reasoning for the judgment of the court of first instance is the same as that for the judgment of the court of first instance, except for the following matters:

Part 17 to 10 pages 17 (No one shall go through 10) shall be written in accordance with the following part:

Meanwhile, the defendant asserts that the management and operation agreement of this case concluded between some of the buyers of the commercial building in this case and F constitutes an individual written resolution with which some of the sectional owners constituting the management body of this case would appoint FF as the manager of the commercial building in this case, and that F is a legitimate manager under the Aggregate Buildings Act. Article 41 (1) of the Aggregate Buildings Act provides that "If there is an agreement in writing with at least 4/5 of sectional owners and voting rights as to the matters determined to be resolved at the management body meeting, it shall be deemed that there exists a resolution at the management body meeting," and Article 24 (2) of the Aggregate Buildings Act provides that the resolution for the appointment of the manager can be adopted at the management body meeting, and such written resolution is to be treated the same as that of the management and operation of the management body meeting without holding the management body meeting, and it is not necessary to convene a written resolution in this case's conclusion of the written resolution (see, e.g., Supreme Court en banc Decision 2003Da36360, Apr. 29, 2001).

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