logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2015.11.27 2015나2026731
결의취소 청구
Text

1. The plaintiff's appeal and the conjunctive claim added in the trial are all dismissed.

2. After filing an appeal.

Reasons

1. Basic facts

A. On November 29, 2002, the Plaintiff is a sectional owner who sold Nos. 206 and 606 of the Btel located in Yangcheon-gu Seoul Metropolitan Government (hereinafter “instant officetel”) and completed the registration of ownership transfer on February 1, 2007.

Meanwhile, I and J, the Plaintiff’s parent, from 207 to 606, are residing in the instant officetel from 206 to 206.

B. The Defendant is a managing body of the instant officetel established pursuant to the Act on the Ownership and Management of Aggregate Buildings (hereinafter referred to as the “Aggregate Buildings Act”) and the management committee (the Defendant’s management rules, which came into force from October 31, 2006, are stipulated as the “management committee” pursuant to Article 7 of the management rules, but the provisions on the management committee under the Aggregate Buildings Act, which was partially amended by Act No. 11555, Dec. 18, 2012, was newly established, and accordingly, the Defendant’s election management regulations, which came into force from April 21, 2014, were stipulated as the “management committee”; hereinafter referred to as the “management committee” and the “management committee” under the election management regulations, which are collectively referred to as the “management committee” under the management rules and its members.

C. As the term of office of the instant managing members expires on May 31, 2014, the Defendant constituted an election commission (hereinafter “instant election commission”) for the appointment of new managing members.

On the other hand, the election commission of this case enacted the election management regulations on April 21, 2014, elected the chairman of the election commission, and announced this.

On April 29, 2014, the instant election commission published a public announcement of the election of managing members on April 4, 2014. According to this, the eligibility for the registration of managing members was a person who has obtained the qualification of sectional owner pursuant to Articles 3(1) and 9(1) of the Management Rules and has moved into the instant officetel for at least six months.

E. The Plaintiff’s father, “I” is the Plaintiff’s father.

arrow