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(영문) 의정부지방법원고양지원 2017.11.03 2017가합71218
관리인 해임청구의 소
Text

1. Removal of Defendant BN from the manager of Defendant BO building management body;

2. The costs of lawsuit are assessed against the Defendants.

Reasons

1. Basic facts

A. According to the statement of total 297 Gap No. 6 (including the branch number), the plaintiffs provided that the number of stores of the instant commercial building was 351 at the time when the rules of the defendant management body were established (Article 3(2) of the Rules of the defendant management body), but the subsequent amendment of the regulations and the restriction on voting rights to the owners of the parking lots among the above commercial buildings was made on January 16, 2015, the number of stores of the instant commercial building was 297.

In the ancient city that consists of his stores, the sectional owners of the Dong-dong-gu BP and Q Q BO building (hereinafter “the commercial building of this case”), and the defendant BO building management body (the identification number BR; hereinafter “the defendant management body”) is an organization established for the purpose of carrying out projects on the management of the building, its site and its accessory facilities by making the members of the sectional owners of the above commercial building as members.

The commercial building of this case was newly constructed on October 29, 1996 and registered the preservation of ownership for each store.

B. BS Co., Ltd. was the sectional owners of 189 stores among the instant commercial buildings, and the representative director of the said company, who is the largest sectional owners, was appointed as the manager and the chairperson of the Defendant management body.

BS Co., Ltd. transferred 188 of the above store to Defendant BN on December 15, 2014.

C. According to the statement of No. 6 (including branch numbers) of 268 of the voting rights in the commercial building of this case, Article 12 of the Rules of the Defendant management body provides that “the voting rights in the meeting of the management body shall be the number of stores held by the sectional owners on the public register.” The meeting of the management body held on January 16, 2015 at the meeting of the Defendant management body held on January 16, 2015, that “the maximum sectional owners of the building of this case are appointed as Defendant BN as the manager and the chairperson of the management body of this case are changed to Defendant BN” shall be the total number of participants.

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