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(영문) 창원지방법원마산지원 2019.05.01 2018가합100724
관리인지위부존재확인의 소
Text

1. Of the instant lawsuit, the part of the Plaintiff’s claim against Defendant B is dismissed.

2. The plaintiff's defendant C commercial building number council.

Reasons

1. Basic facts

A. The Plaintiff is the co-owner of the “C” in Changwon-si, Changwon-si, the “C” (hereinafter the “instant shopping mall”). Defendant C shopping mall (hereinafter the “Defendant C shopping mall”) is the management rules of the instant shopping mall consisting of the 20 sectional owners of the instant shopping mall.

(b).

On January 12, 2018, the defendant shopping mall made a resolution to appoint defendant B as the manager (chairperson) of the defendant shopping mall at the meeting.

C. The Defendant shopping mall filed the instant lawsuit and held a meeting on November 10, 2018 as to whether the Plaintiff had the status of the manager of Defendant B, and at the above meeting, a resolution was made to again appoint Defendant B as the custodian with the consent of 11 out of the total 20 sectional owners and 2,497.55 square meters of 1,269.01 square meters of the voting area (50.8%) among the total 20 sectional owners.

Article 2 (Definitions) of the Management Rules and the Regulations related to the Management Rules and the Regulations of the Commercial Building in this case (hereinafter referred to as the “instant Rules”).

1. The term "sectional owner" means a sectional owner defined in subparagraph 2 of Article 2 of the Act and his/her spouse;

2. The term "occupant" means a person who occupies the section for exclusive use with the consent of the sectional owner;

3. The term "sectional owner, etc." means a sectional owner under subparagraph 1 and an occupant under subparagraph 2;

Article 23 (Composition of Management Body) (1) Sectional owners shall form a management body comprised of all sectional owners for the common interest concerning the management and use of aggregate buildings.

Article 41 (Quorum and Quorum) (1) In the following cases, the management body meeting shall adopt resolutions by not less than 3/4 of sectional owners and not less than 3/4 of voting rights:

1. Change of the section for common use under the main sentence of Article 15 (1) of the Act;

2. Establishment, amendment and repeal of rules under Article 29 (1) of the Act;

3. Requests for the prohibition of use under Article 44 (1) and (2) of the Act;

4. Auction of sectional ownership under Article 45 (1) and (2) of the Act.

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