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(영문) 서울고등법원 2016.07.13 2015나2075832
대표위원지위부존재확인
Text

1. The Intervenor’s appeal is dismissed.

2. The costs of appeal are borne by the Intervenor joining the Defendant.

purport.

Reasons

1. The reasoning of the court of the first instance’s explanation concerning the instant case is as stated in the reasoning of the first instance judgment, in addition to adding a judgment on the argument in the trial of the Defendant joining the Defendant as set forth in paragraph (2) below, since it is identical to the part concerning the reasoning of the first instance judgment, this is acceptable in accordance with the main sentence of

2. Additional determination

A. The Defendant’s Intervenor’s Intervenor’s assertion 1) As the representative committee member of the Defendant’s Representative Committee, who was disqualified as a party, is elected for each floor district pursuant to the instant management rules, the Plaintiff (appointed party; hereinafter “Plaintiff”) who does not belong to the same floor as the Defendant’s Intervenor’s Intervenor

2) The Defendant’s Intervenor’s Intervenor’s non-existence of the grounds for disqualification as a representative member is merely a company (one name peter) in the form that the Defendant’s management body actually owns and operates, and the “management services contract for parking lot entrusted management” entered into between the Defendant management body and the instant company was prepared in the form of tax processing. Thus, even if the Defendant’s Intervenor was registered as a director of the instant company, this does not constitute the grounds for disqualification under Article 8 subparag. 6 of the Enforcement Decree of the Act on the Ownership and Management of Aggregate Buildings (hereinafter “the Aggregate Buildings Act”).

3) If the Defendant’s Intervenor’s Intervenor’s revocation by mistake knew that the registration as a director of the instant company constitutes grounds for disqualification under Article 8 subparag. 6 of the Enforcement Decree of the Aggregate Buildings Act, he did not consent to the registration as a director. Thus, it is revoked as an act based on mistake. 4) The Intervenor’s Intervenor’s Intervenor’s Intervenor’s extinguishment of the grounds for disqualification as a director of the instant company prior to the judgment of the

(b).

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