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(영문) 서울중앙지방법원 2015.02.12 2014가합25592

관리단집회결의무효확인등

Text

1. Of the plaintiffs' lawsuits in this case, a resolution at the meeting of the management body on December 26, 2013 by the defendant, and the defendant on February 5, 2014.

Reasons

1. Basic facts

A. The plaintiffs are sectional owners of the stores in Dongjak-gu Seoul Metropolitan Government D Building (hereinafter referred to as the "Commercial Building"), and the defendant is a management body composed of all sectional owners under the Act on Ownership and Management of Condominium Buildings (hereinafter referred to as the "Aggregate Buildings Act") for the management and operation of the said commercial building.

B. On December 26, 2013, the Defendant held an extraordinary management body meeting on the amendment to the management rules and parking lot regulations (hereinafter “instant management body meeting”).

At the time of the instant assembly, 9,543.00 of the total voting share size of 12,464.08 square meters agreed to the resolution at the assembly of the management body of this case, but the sectional owners who consented by 28 of the 58 sectional owners with consent did not reach the majority.

C. The main contents of the management body agreement of April 1, 2010 are as follows.

Article 19 (Decision-Making by General Meeting)

1.The Assembly shall adopt the following resolutions:

1) Chapter IV Management Body (Representative Meeting of Management Body) No. 24 (Establishment and Organization of Management Body) establishment, amendment or repeal of the bylaws.

1. A representative meeting of the management body shall be established to resolve important matters concerning management;

2. The members of a managing body shall be comprised of not less than nine representatives by floor and not less than 11 persons in total as executives;

Provided, That the head of the management group, the vice head of the group, and the auditor shall be the sectional owner.

3. Where a representative of the floor submits a written consent of at least a majority of the relevant floor to the managing body, he/she shall be elected by the representative of the relevant floor;

4.The representative meeting of the management body shall, with the consent of a majority of the managing body, elect the deputy head, the general secretary, the management directors and technical directors.

In addition, where the representative of the relevant floor is a flexible public announcement, an executive officer of the relevant floor may act on behalf of the executive officer of the relevant floor in practice.

Article 25 (Kinds and Convocation)

1. The meeting of the managing body shall be divided into regular meetings and extraordinary meetings;

3. Extraordinary meetings shall be the subject-matter of meetings, when the president of the Managing Body deems it necessary or when not less than four representatives of the upper floor are deemed necessary.