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(영문) 수원지방법원성남지원 2017.05.16 2016가합24

결의무효확인

Text

1. A resolution that the Defendant appointed D as an auditor at the extraordinary management body meeting on December 11, 2015 is invalid.

2...

Reasons

1. Basic facts

A. The Defendant is a management body consisting of 157 sectional owners of a building completed around October 2010 (hereinafter “instant building”) as an aggregate building located in Seongbuk-gu L, Sung-gu under the Act on the Ownership and Management of Aggregate Buildings (hereinafter “Aggregate Buildings Act”).

Plaintiff

B is the representative of M Co., Ltd., a sectional owner of 1407 of the instant building, and Plaintiff A is the representative of N Co., Ltd, a sectional owner of 1003 of the instant building.

B. On November 2013, at least 3/4 of the total sectional owners of the instant building, the 1st C Building Steering Committee was established with written consent from at least 3/4 of the instant sectional owners, and at that time, the Plaintiffs were elected as operating members (two years of office).

In addition, the C Building Management Rules were enacted by the Steering Committee, and the Management Rules were amended on April 2014.

(hereinafter referred to as the “previous Management Rules” and the amended Management Rules shall be referred to as the “instant Management Rules.”

Since then, around the end of the term of office of the first operating committee, 37 sectional owners of the 65 household units of the instant building, including O (hereinafter “instant sectional owners”) were organized a committee for the promotion of the composition of the steering committee. In addition, on November 24, 2015, the above court decided that “the case of election of the Speaker pro tempore of the instant building, the case of election of the manager, the case of election of the manager, the case of election of the manager, and the case of election of the operating committee members, the case of election of the temporary managing committee members, and the case of amendment of the management rules,” which are the object of the amendment.

On December 11, 2015, the instant sectional owners held a provisional management body meeting (hereinafter “instant meeting”) according to the said decision, and the resolution to appoint D as an operating member of F, G, H, I, J, and K as an operating member, respectively (hereinafter “instant resolution”).

[Reasons for Recognition] There is no dispute;