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(영문) 서울북부지방법원 2015.05.28 2014가합6323
운영위원회 부존재등
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff and the Defendant are the sectional owners of D, the main complex building located in Dongdaemun-gu Seoul Metropolitan Government (hereinafter “instant building”).

B. Of the management rules of the instant building, the parts relating to the instant case are as follows.

Article 2 (Purpose) The purpose of this Code is to promote common interests and secure a good environment by prescribing matters necessary for the management or use of an aggregate building pursuant to Article 28 of the Act on the Ownership and Management of Aggregate Buildings.

Article 4 (Composition) The management body of the instant building shall consist of all sectional owners (owner on the register) of the instant building.

Article 7 (Management Organization) A management body shall have a management body and an operating committee as a resolution body, and shall have an executive body as an executive body.

Article 9 (Qualifications for Sectional Owners) Qualifications for sectional owners shall occur when sectional ownership is acquired, and the qualifications shall be extinguished when sectional ownership is lost.

Article 15 (Organization of Managing Body's Meeting) The Managing Body's meeting shall consist of all sectional owners (owner on the register).

Article 23 (Composition of Operating Committee) Members of Operating Committee shall be comprised of the representatives of the building in this case, and the Chairperson shall represent the Steering Committee.

The operating committee shall be comprised of a total of six persons from among persons who have obtained qualification under Article 9 (1) and have moved into the building of this case for at least six months (the first representative shall be excluded), and four persons shall be elected from the apartment, one person from the office, and one person from the commercial building.

When the candidates compete in the election of the representative, the candidates shall be decided by vote.

The elected representative shall obtain the consent of the majority of sectional owners or more, and shall be the members of the Steering Committee.

Article 27 (Convocation Procedure and Method of Resolution) The Operating Committee shall be established with attendance of a majority of its members, and pass a resolution with the consent of a majority of its members present.

C. The Defendant is the fifth executive body of the instant building through an election around September 2014.

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