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(영문) 인천지방법원 2017.01.26 2015가합6667
관리인 및 운영위원지위 부존재확인
Text

1. The Defendant appointed and ratified C as the manager at the temporary management body meeting on September 18, 2015.

Reasons

1. Basic facts

A. The Plaintiff is a co-owner of the first floor No. 40 of Yeonsu-gu Incheon Metropolitan City D Building (hereinafter “the instant condominium building”) and the Defendant is a management body under the Act on Ownership and Management of Condominium Buildings (hereinafter “the Condominium”) composed of sectional owners of the instant condominium building.

B. On April 27, 2014, C: (a) the process of convening and resolving a temporary management body meeting of the instant condominium building 1) constituted “the promotion committee for organizing the Commercial Facilities Steering Committee of the instant condominium building” on March 18, 2014; (b) the commercial buildings located in the first floor of the non-Dong through Epdong, and the commercial buildings of the instant condominium building and the instant sectional owners of the building of Songdo International City Development Co., Ltd (hereinafter “Songdo International City Development”).

(2) On March 28, 2014, in order to establish a commercial facility manager and operating committee separate from business facilities pursuant to Article 33 of the Aggregate Buildings Act and the Commercial Facility Management Rules, the remaining sectional owners except for those are scheduled to hold a temporary management body meeting on the first floor P. 15:00 on March 28, 2014, and the agenda item is "the Commercial Facility Management Committee and the appointment of the Chairperson". On March 28, 2014, C et al. held a temporary management body meeting on April 10, 2014. (2) around April 10, 2014, C et al. attended the temporary management body meeting held on March 28, 2014; (3) as a result of the holding of the temporary management body meeting held on March 28, 2014; (4) 6,56.64 square meters equivalent to 54% of all sectional owners; (3) 4 candidates were elected by the Chairperson through a resolution of the management committee (the Chairperson).

3 C et al. applied to the director of the tax office in order to grant a unique number in the name of "the Steering Committee for the Commercial Establishment of Condominium Building" and "the Steering Committee for the Relocation of Jeju Building" on March 28, 2014.

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