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1. The plaintiff (Counterclaim defendant)'s appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff (Counterclaim Defendant).
purport, purport, and.
Reasons
1. Basic facts
A. On December 2013, 2013, the Plaintiff entered into a comprehensive management service contract with Red Gai SPS Co., Ltd. and the said building for a fixed period of two years from December 23, 2014. The Plaintiff was the head of the management office dispatched by Hong Gai SPS for the management of the instant building according to the said contract.
The defendant leased the store No. 106 of the building of this case from E, the owner of the building of this case, and operated the brokerage office.
B. As of October 20, 2014, the Plaintiff sent a public notice of registration of candidates for members of the First Management Committee to the effect that “the management committee prescribed by the Act on the Ownership and Management of Aggregate Buildings (hereinafter “Act”) is elected from the first management body of the first management body that was scheduled to be held in March 2015 in accordance with the management rules for the instant building, including the chairperson and vice-chairpersons, from four to eight persons,” among sectional owners. At that time, the Plaintiff received an application for registration of eight candidates including the construction of a fixed-term savings bank.
C. As of November 24, 2014, the Plaintiff sent the “public notice of confirmation of persons eligible for appointment of members of the first management committee” and “written notice of appointment of members of the management committee and the first management committee” to the effect that the Plaintiff, “as of the date of the management committee’s meeting, it is deemed impossible for all sectional owners to attend the meeting and make a resolution on appointment of members of the management committee,” and that all sectional owners are present at the meeting, and seek opinions on the appointment of members of the management committee in advance pursuant to Article 38(2) of the Aggregate Buildings Act and Article 17 subparag. 3 of the management rules,” along with the “written opinion on the appointment of members of the management committee and the first management committee.”
The plaintiff was erroneous in omitting one of the seven candidates as of December 15, 2014, and the management committee is all the above eight persons.