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(영문) 서울고등법원 2018.07.13 2017나2075973

회장지휘부존재확인

Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. The reasoning of the judgment of the court of first instance citing this case is as follows, and the reasoning of the judgment of the court of first instance citing this case is identical to that of the judgment of the court of first instance, except in the following cases or addition.

The 2th to 13th parallels in the first instance judgment (the part of the 1. recognized facts) shall be as follows:

B. Of the sectional owners of the instant aggregate building, 27 persons (43 households) signed or sealed the following written consents, which are “as of September 22, 2014,” and 10 persons (11 households) were appointed by the mandatary on August 12, 2014, “G” and “the date of preparation,” respectively.

2. Cases concerning the appointment and election of management members of a management body pursuant to Article 24 of the Aggregate Buildings Act;

3. The case of setting the management rules;

4. Although it is called "cases related to the repair of defects", the date, time, place, etc. of the management body meeting to be held are not specified and are in blank.

the signing or sealing was made.

The following shall be added to the judgment of the court of first instance on five (5) days following the fourth instance.

The defendant asserts that the lawsuit of this case seeking confirmation of invalidity, etc. of the resolution of the appointment of the administrator of this case is a dispute over the past legal relations and there is no benefit of lawsuit since the defendant subsequently appointed D as the administrator at the meeting of the management body held on January 27, 2018.

In a case where the management body meeting re-constitions the previous resolution or re-constitions the previous resolution at the management body meeting after the resolution for appointment of executive officers was adopted, the previous resolution for appointment of executive officers shall be adopted, barring special circumstances, such as where the resolution for appointment of executive officers at the original management body meeting is invalid even if the original resolution for appointment of executive officers is invalid