logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2015.11.20 2015가합18508
대표위원지위부존재확인
Text

1. The defendant's representative committee regarding the relevant election district is subject to the attached list.

Reasons

1. Facts of recognition;

A. The Plaintiff (Appointed Party) and the rest of the designated parties indicated in the separate sheet (hereinafter “Plaintiff”) are the sectional owners of the pertinent commercial buildings listed in the same list of building B in Jung-gu, Seoul (hereinafter “instant building”).

The Defendant is a management body established automatically pursuant to Article 23 of the Act on Ownership and Management of Condominium Buildings (hereinafter referred to as the “Act on Ownership and Management of Condominium Buildings”) for the purpose of implementing the project on the management of the instant building and its site and its attached facilities.

B. The Defendant has a representative committee for deliberation and resolution on important matters concerning the execution of management affairs, and the relevant content of the management rules (amended on February 25, 2010, hereinafter “instant management rules”) are as follows:

[Management Rules] Article 39 (Establishment and Composition) (1) A representative committee shall be established to deliberate and resolve on important matters concerning the execution of management affairs and the execution of management affairs in lieu of a resolution of the general meeting.

(2) The representative committee shall, in principle, select the representative members for each floor from among sectional owners on each floor, but, in cases of the consent of the commercial buildings from the second to the nineth floor above ground, one representative member for each floor, and in cases of the business operation operation operation from the tenth to the 20th floor above ground, five representative members shall be elected.

(3) The chairperson of the representative committee shall be the administrator.

Article 40 (Appointment, Dismissal, etc.) (4) A representative member whose term of office expires shall continue to maintain his/her qualification until his/her successor member is appointed.

Article 41 (Authority) (1) A representative committee may make a resolution in lieu of a resolution of the general meeting in regard to matters other than those stipulated in the following subparagraphs among matters which are to be subject to a resolution of the meeting of the management body under the Aggregate Buildings Act:

1. Matters for which it is not allowed to set the fixed number of the resolution of the managing body meeting, in particular, and to otherwise set forth in the regulations;

2.The decision of the General Meeting in Article 33 of this Code shall be made.

arrow