결의무효 확인의 소
1. The Defendant’s resolution on July 13, 2015 in the attached list, which was made at the general meeting on July 13, 2015, and at the general meeting on November 27, 2015.
1. Basic facts
A. A party’s status B building (hereinafter “the instant building”) consists of 70 households (total sum of 1,613.67 square meters) consisting of 51 rooms on the commercial floor (total sum of 7,831.08 square meters), five floors on the ground to eight floors on the ground, and 19 units on the apartment floor (total sum of 1,613.67 square meters).
The Plaintiff is the sectional owners of Articles 301, 302, 306, and 308, which are the commercial parts of the instant building, and the Defendant is the management body established automatically pursuant to Article 23(1) of the Act on the Ownership and Management of Aggregate Buildings concerning the entire building of this case, as seen in Article 2(b).
B. On July 13, 2015 and November 27, 2015, the instant building subject to the resolution of the general assembly on November 27, 2015 had not been properly managed since the new construction, there has been discussions to systematically manage the instant building through the management body centered on the sectional owners of the commercial floor.
As a result, on July 13, 2015, the defendant's general assembly (hereinafter "the first general assembly of this case") was held, and at the first general assembly of this case, at the first general assembly of this case, a resolution was passed to discuss the measures for normalization of the building of this case, the members of the D church, which is the sectional owners No. 202, 203, 208, and the chairperson of the D church of this case, and the representative F of the plaintiff as the vice-chairperson (one vice-chairperson of the money branch left the public seat), G as the auditor, and H as the auditor, respectively.
Then, on November 27, 2015, the Defendant held a general meeting (hereinafter “the second general meeting of this case”) and enacted the management rules at the second general meeting of this case (hereinafter “the instant management rules”) and resolved to transfer the mother electricity of the commercial building to the Defendant from the Plaintiff.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 3, 7, 8, Eul evidence Nos. 1 and 3, the purport of the whole pleadings
2. The First General Meeting of this case