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(영문) 서울중앙지방법원 2020.11.26 2019나38498
관리비
Text

1. The judgment of the first instance, including the claim extended by the Plaintiff in this court, is modified as follows.

Reasons

1. Basic facts

A. The Plaintiff is the management body of the Gwanak-gu Seoul Special Metropolitan City A shopping mall (hereinafter “instant shopping mall”), and C has been working as the Plaintiff’s representative after April 2014.

B. All sectional owners of the instant commercial building are 53 persons. Among them, 13 persons are ① matters concerning the regulations of the management body of commercial building, ② matters concerning the election of managers, auditors and managing members, ③ matters concerning the imposition disposition by the existing management body, rights and duties, procedural acts, etc., ④ matters concerning the development of the management body of commercial building as an agenda item, and ④ agreed to convene the management body meeting on December 30, 2019, and delegated C with the notice of convening the management body meeting, and C delivered the notice of convening the management body meeting on December 21, 2019 directly to sectional owners.

C. At the meeting of the management body held on December 30, 2019, among 53 sectional owners, 44 members including the number of persons who submitted power of attorney, all of whom were present and approved that all of the acts regarding the management of commercial buildings, which had been conducted before the meeting, were valid, and the regulations of the management body for commercial buildings were passed, and C was elected as the manager of the plaintiff's representative.

Of the instant commercial buildings, the Defendant, who is the sectional owners of the No. 4, E, and F, has delayed the management expenses of KRW 21,793,450 in total as of October 26, 2020.

[Ground of recognition] Each entry of Gap evidence Nos. 30 to 43 (including a branch number for those with a branch number) and the purport of the whole pleadings

2. The Defendant’s judgment on the Defendant’s main defense is not a legitimate representative of the Plaintiff, and the instant lawsuit is unlawful. However, the fact that C was elected as the Plaintiff’s representative through the management body meeting held on December 30, 2019 by C is as seen above, and as the notification of convening a management body meeting with G, H, I, and J among sectional owners is not served seven days before the date of the assembly, and thus, the management body meeting is unlawful.

The defendant's assertion that the delegation of power of K, L, and C is defective is held without procedural defects and the agenda is resolved.

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