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(영문) 의정부지방법원 2017.02.13 2016나7853
보관금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The plaintiff is a sectional owner who owns No. 252 of the underground floor of the building C in Yongsan-gu, Busan-gu, and the defendant is a sectional owner who owns No. 257 of the above building's underground floor.

B. The 16 sectional owners who own the second basements of the above building, including the plaintiff and the defendant, constituted a council of the owners of the second basements of the C-building (hereinafter “the instant sectional owners council”) and elected the defendant from the extraordinary general meeting on December 17, 201 to the president, and enacted the following regulations on February 18, 201.

Chapter 1 (Name)

1. The name of this Council is referred to as the “Council for the Owners of the second floor underground of the C Building.”

The owner is known that he/she will be an auditor and an officer.

Article 2 (General Assembly)

1. A general meeting shall be comprised of all the owners of the second underground floor and pass resolutions with the consent of at least 1/2 of the number of those present;

2. The chairperson shall enter into a lease contract on a yearly basis as at the time of lease; 3. When a joint lease or a installment lease contract is concluded, he/she shall affix his/her signature and seal thereon under the name of the chairperson of

4. No lease contract shall be concluded with an individual because the individual lacks the ability to oppose the contract.

5. The general assembly rules shall guarantee the rights and interests of owners of second basements.

6. The chairperson shall, upon request by the owner, gather opinions and convene a special general meeting;

On December 17, 2011, it is known that B(Defendants), D(Presidents) and General E should be elected at an extraordinary general meeting.

Article 3 (Details of Term of Office and Admission and Withdrawal)

1. The term of office of executive officers shall be from December 17, 201 to two years;

2. The general affairs shall record and preserve the details of deposits and withdrawals from the head of the Tong.

3. The president shall notify the owner of the details of deposits and withdrawals monthly, in writing, and shall allow the owner to peruse the details of deposits and withdrawals at any time at his/her request;

4. The monthly rent shall be approximately 15 percent for operating expenses for executive officers.

5. The details of operating expenses shall be set forth as the president 400,000, the total amount of KRW 300,000, and other 200,000.

6.The conditions for election of the Chairman may be limited to the owner, and the owner shall be entitled to elect the Chairman.

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