logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.10.27 2015가합558884
관리인 등 선임결의무효확인의 소
Text

1. The Defendant’s fourth manager, F, G, H, and I as the Defendant’s fourth manager at a regular meeting held on February 7, 2015.

Reasons

1. Basic facts

A. The defendant is a management body under Article 23 of the Act on Ownership and Management of Condominium Buildings, which consists of all sectional owners of a building listed in the attached list, and the plaintiffs are sectional owners of the above building.

B. On February 7, 2015, the Defendant held an election for the appointment of the fourth manager and operating committee members (hereinafter “instant election”) under the direction of the regular assembly management committee under the Defendant’s control.

C. On March 5, 2015, the Regular Assembly Management Committee publicly announced that E was elected as a custodian, F, G, H, and I (hereinafter “E, etc.”) as an operating member of the pertinent floor.

(hereinafter the above resolution of appointment is referred to as the “instant resolution”). D.

The main contents of the Aggregate Buildings Act, the Enforcement Decree of the Act, the defendant's management rules (hereinafter referred to as the "management rules of this case"), and the Election Management Rules (hereinafter referred to as the "Election Management Rules") related to this case are as follows:

[2] Article 26-2 (Establishment and Functions of Management Committee) (1) of the Aggregate Buildings Act may have a management committee as stipulated by regulations.

Article 26-3 (Organization and Operation of Managing Committee) (1) Members of the Managing Committee shall be elected from among sectional owners by a resolution of the Managing Committee.

Provided, That if the regulations provide otherwise for the resolution of the management body meeting, such regulations shall prevail.

(3) Matters necessary for the composition and operation of the Custodial Committee other than those prescribed in paragraphs (1) and (2) shall be prescribed by Presidential Decree.

Article 38 (Methods of Resolution) (1) Decision of the management body meeting shall be adopted by the majority of sectional owners and the majority of voting rights, unless otherwise prescribed by this Act or regulations.

(2) A voting right shall be issued in writing or by electronic means (referring to an electronic data processing system or by other means prescribed by Presidential Decree, using information and communications technology; hereinafter the same shall apply).

arrow