관리인선임결의부존재확인의 소 등
1.(a)
Of the primary claims of the instant suit, the manager L. 1, who took place at the extraordinary general meeting of July 9, 2012 by the Defendant.
Basic Facts
K "K" located in Gangnam-gu Seoul Metropolitan Government M (hereinafter referred to as "the aggregate building in this case") is an aggregate building constructed with four underground floors and nine underground floors on or around June 2012. The fourth underground floor consists of a machine room, three underground floors, up to four underground floors, a commercial building (24 units) up to four underground floors, and an officetel 134 units up to 19 floors on the ground.
The Plaintiffs are co-owners of the instant aggregate buildings, and the Defendant is a management body established pursuant to the Act on the Ownership and Management of Aggregate Buildings (hereinafter “Aggregate Buildings Act”).
around July 2012, the instant condominiums in the position of sectional owners were sold in lots by 110 households among 134 households of officetels until July 2012, and 11 households among the remaining 24 households were owned by the NAS Co., Ltd., a company selling the instant condominiums (hereinafter “NNA”), and the remaining 13 households were respectively owned by the NASN Co., Ltd., Ltd., a company related to the NAS. (hereinafter “NNA”).
8 stores on the 1st floor were sold in lots by the Eastern Development Industry Co., Ltd. (hereinafter referred to as the "Donghwa Development Industry"), and the 16 stores from the 2nd to the 4th floor on the ground were owned by the NAN because they were not sold in lots.
Therefore, the owner of the instant aggregate building at the time was 113 persons [10 persons holding the sectional ownership of the portion sold in lots (8 stores), the Eastern Development Industry (16 stores, 11 households) Nenas (13 households)].
On July 9, 2012, 2012, the National Assembly member and the National Assembly member constituted a group of promoters of the Assembly of Residents of the instant aggregate building with some number of buyers, and publicly announced the enactment of the management rules, the appointment of executives such as administrators, the selection of controlled entities, etc. (Evidence A6), and held the Defendant’s extraordinary general meeting on July 9, 2012. < Amended by Presidential Decree No. 23988, Jul. 2, 2012>
On July 9, 2012, the defendant's minutes of special general meeting (Evidence A No. 3).