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(영문) 청주지방법원 2014.02.13 2013가합25153

관리단집회결의무효확인

Text

1. We affirm that a resolution that the Defendant appointed G at the management body meeting on October 11, 2012 as the president is null and void.

2...

Reasons

1. Facts of recognition;

A. 1) Status of the Parties 1) An aggregate building on the ground level 1 and 7th aggregate building on the ground level consisting of educational and research facilities, welfare facilities, and neighborhood living facilities located in Cheongju-si H (hereinafter “instant building”).

(2) The Plaintiffs, G, and I are sectional owners of the instant building, and the Defendant management body is an organization that has been duly formed with all sectional owners of the instant building as members under the Act on Ownership and Management of Condominium Buildings (hereinafter “Aggregate Buildings Act”).

B. 1) The process of changing the executive officers of the Defendant managing body: (a) G performed the duties as the chairperson of the Defendant managing body from the beginning of 2004 to September 2009; (b) from that time until March 2012, there was a dispute among the sectional owners of the instant building as to who is the legitimate chairperson of the Defendant managing body upon the change of the chairperson of the Defendant managing body several times; (c) the Defendant managing body adopted a resolution to appoint the Plaintiff as the chairperson at the managing body meeting held on April 5, 2012; (d) at that time, the Plaintiff C appointed the Plaintiff C as the general secretary; and (e) on May 10, 2012, the resolution was passed again to appoint the Plaintiff C as the chairperson by opening a managing body to ratification defects such as the procedure for convening the previous resolution.

3) At the management body meeting of the defendant management body held on September 9, 2012, the plaintiff C resigned from the Chairperson. Since G still claims that it is the Chairperson of the former management body, the resolution was made to dismiss G as the Chairperson of the defendant management body. C) The resolution was also made to dismiss G as the Chairperson of the defendant management body on October 11, 2012. The management body meeting held on September 9, 2012 did not appoint a new Chairperson at the management body meeting of the defendant management body that was held on September 9, 2012, and the president of the defendant management body was vacant, but G and its wife I (hereinafter referred to as "G, etc.") did not call a management body meeting to appoint a new Chairperson on the grounds that they were voting rights (G14.66%, I18.96%, and I18.96%).