관리단집회결의무효 확인의 소
1. A resolution adopted at a meeting of the managing body on May 21, 2017 regarding the agenda items stated in the attached Table 1, which was adopted by the counter defendant, and on May 6, 2019.
1. Basic facts
A. The counterclaim Defendant is a management body composed of sectional owners for the management of the 35 household units of Btel located in Gu Government-si C (hereinafter “the instant officetel”). The counterclaim is a sectional owner holding D, E, F, and G among the instant officetels.
B. On May 21, 2017, the counterclaim Defendant: (a) held an inaugural general meeting (hereinafter “instant inaugural general meeting”) with respect to the matters indicated in the attached Table 1 list; (b) made a resolution on the instant officetel’s management rules; and (c) made a resolution to appoint H as the president, as the president, I as the general secretary, and J as the auditor (hereinafter “resolution 1”).
C. On July 15, 2018, the counterclaim Defendant held an extraordinary general meeting and resolved to collect the said repair cost according to the repair of the instant office section for common use and the ratio of the sectional owner’s owned area.
The counterclaim Defendant filed a lawsuit seeking reimbursement of the cost of remuneration to the counterclaim in relation to the water leakage repair work (hereinafter “instant principal lawsuit”) with the District Court Decision 2019Kahap50519.
E. Accordingly, the Counterclaim Defendant asserted that the resolution of the instant inaugural general meeting and the resolution of the special general meeting on July 15, 2018 were null and void, and filed a counterclaim disputing the invalidation of the resolution of the instant inaugural general meeting (hereinafter “instant counterclaim”).
F. On May 6, 2019, when the principal lawsuit and counterclaim of this case were pending, the counterclaim Defendant held a management body meeting (hereinafter “the ratification general meeting of this case”) to re-establish the management rules of the instant officetel, and H as the president, J, K as the auditor, I, L as the general manager, and I as the manager. However, in light of the fact that H was still appointed as the president, it is difficult to view the “manager” position that I was appointed as the manager under the Act on the Ownership and Management of Aggregate Buildings, and is the representative of the counterclaim Defendant.