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(영문) 서울고등법원 2020.01.16 2019나2022355

관리단총회무효확인 등 청구

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1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance cited by the court of first instance is the same as the ground of the judgment of the court of first instance, except for the addition of Paragraph 2 to the judgment

(Article 420 of the Civil Procedure Act). 2. The defendant asserts that the decision of this case is valid, since the general agenda of the management body meeting is to be decided with the consent of a majority of the members present at the meeting and a majority of the participants present at the meeting of the management body under the Act on the Ownership and Management of Aggregate Buildings, if there are special provisions on the method of resolution by the management body meeting under the Act on the Ownership and Management of Aggregate Buildings.

In 2018, a sectional owner of the commercial building of this case announced the convocation of a temporary management body meeting in which 23 persons were the agenda for the enactment of the management rules for the commercial building, and the proposal for the enactment of management rules was rejected due to the failure of 3/4 or more of the total sectional owners to obtain consent from 68 persons, as seen earlier. However, there is no evidence to acknowledge that Eul evidence No. 4 (B) submitted by the defendant to this court as a valid regulation, and thus, the defendant's above assertion cannot be accepted.

3. Conclusion, the first instance judgment is justifiable, and the defendant's appeal is dismissed.