관리단집회 등 결의무효확인
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Basic facts
A. The plaintiffs are sectional owners who own each commercial building on the 6th floor located above the 4th underground and the 10th floor above the 10th floor above the 2nd building in Bupyeong-si, Seocheon-si, Seoul, and the Ro Building (hereinafter "the building in this case"). The defendant is a management body composed of all sectional owners of the building in this case under the Act on the Ownership and Management of Aggregate Buildings (hereinafter "the Aggregate Buildings Act").
B. On November 10, 2003, in order to hold the first management body meeting, the notice of convening the management body meeting was posted as follows. On November 11, 2003, the notice of convening the management body meeting was sent to the sectional owners by registered mail.
(1) A date: 14:00 2. 18 November 18, 2003: 6th floor of the R building: The meeting agenda: The appointment of the manager, the composition of the management body, the processing of the matters concerning the management of the building, and the enactment of the regulations on the management body. (4) Matters concerning the attendance and delegation of authority by proxy at the meeting of the meeting and the exercise of voting rights by proxy shall be deemed to have delegated voting rights to the meeting execution body, if not represented by the sectional owner or by an agent without any separate measure.
C. According to the above convocation, on November 18, 200, 14:00 the 6th floor of the instant building, a total of 93 sectional owners (in the case of the relevant application, the number of total sectional owners is recognized as 95 persons, but it is recognized as 93 persons because there is no clear dispute between the parties as to the fact that the total number of persons in this case is 93 persons) out of 50 persons and 89.5% of voting rights (24,072.61 square meters among 26,898 square meters of land, 26,072.61 square meters) are present at the meeting of the management body meeting.
(a) was held.
The sectional owners who attended the above management body meeting first examined the contents of the management body's organization, the representative committee and the appointment of the manager, etc., and then elected some representative members by each floor, but there is insufficient time to examine the regulations for the establishment and appointment of the management body.