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(영문) 서울남부지방법원 2014.05.01 2013가합13482
대표위원직재해임결의에대한무효
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Plaintiff’s assertion

The instant resolution was null and void in violation of Article 48(1) of the Defendant’s Management Rules by deeming that the Plaintiff was dismissed from the Defendant’s representative committee on false grounds, even if the Plaintiff did not act in bad faith, such as illegality, corruption, and illegality. ② The Plaintiff was unable to respond to the Plaintiff’s failure to present the proposal while holding the Plaintiff’s dismissal agenda at the representative committee but did not hear the Plaintiff’s opinion as the dismissal party, and the minutes of the representative committee were not prepared within two days after the resolution. As such, it is null and void in violation of Article 13 subparag. 1, 6 subparag. 5, 12(2), 17, and 9(1) of the Defendant’s Meeting Regulations.

The defendant is a management body established with all sectional owners of the Guro-gu Seoul Metropolitan Government B commercial building as members pursuant to Article 23 of the Act on the Ownership and Management of Aggregate Buildings.

On August 27, 2011, the plaintiff was elected at the management body meeting of the defendant as the representative committee of the first floor underground of two years, together with Nonparty C and D.

On April 9, 2013, the defendant representative committee passed a resolution to dismiss the plaintiff from the representative committee.

On June 29, 2013, the Defendant held a management body meeting and elected a new representative member to act from September 1, 2013. Nonparty E was elected as a representative member of the first floor above the ground level. Nonparty E was elected as one, respectively, and two representing members of the first, second, and third floor level respectively.

The relevant contents of the Defendant Management Rules are as follows.

Article 45 (Composition of the Management Agency) (1) In order to deliberate on important matters concerning the affairs of the Management Agency, a representative committee comprised of managers, executives, and representatives (by floor) shall be established as follows:

4. Representative Members: Article 46 of the Representatives by Each floor (three persons for each floor). (5) Section owners of each floor shall elect the representative members of the relevant floor and notify the manager thereof within 15 days after the publication of the appointment of the representative members;

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