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(영문) 서울고등법원 2015.10.23 2014나50168

결의무효 및 관리단대표자지위부존재 확인

Text

1. The part against the defendant in the judgment of the first instance shall be revoked;

2. Of the Plaintiff’s lawsuit against the Defendant, on December 18, 2013, the Defendant’s lawsuit against the Defendant.

Reasons

1. The content of this part of the facts of recognition is the same as “1. Recognition” in the reasoning of the judgment of the court of first instance, in addition to the loading or addition of the corresponding parts as follows. As such, this part shall be quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act.

In two pages 12 of the judgment of the first instance court, "Defendant C shall write "106 among the buildings of this case" into "C shall write down "105, 106 among the buildings of this case".

(b)in the following cases, 5 pages 12 of the first instance judgment shall be added:

On January 10, 2015, the 24 sectional owners of the building of this case, including “E.” proposed the Defendant’s convening of the extraordinary meeting on January 10, 2015, and on January 22, 2015, the said extraordinary meeting was held on the bulletin board of the instant building on February 7, 2015; the agenda item posted a notice of convocation stating “the election of the manager, the board of management body (the president, the vice president, the auditor, the general secretary), the election of the officers of the board of directors of the management body, the approval of the first extraordinary meeting, etc.”; from January 22, 2015 to January 27, 2015, each sectional owner of the instant building of this case sent the notice of convening the extraordinary meeting by registered mail to each sectional owner of the instant building (hereinafter referred to as “third extraordinary meeting”). < Amended by Act No. 13310, Jan. 27, 2015>

) From the perspective of the total number of 64 persons holding the instant building, 44 persons (68.75%, 4 persons directly attending, 40 persons directly attending, and 40 persons who have the power of attorney) among the total area of the instant building and 6,891.8 square meters (74.69%) of voting rights among the total area of 9,226.91 square meters of the instant building and 9,291.8 square meters (74.69%) shall be elected as the manager of the instant building as C, AA as the president of the management body, AA as the vice president of the management body, U as the president of the management body, general secretary, and auditor, and 45 persons (70.31%, 5 persons directly attending, and 40 persons directly submitting the first special meeting), among the total number of 64 persons holding the sectional ownership, 9,226.91 square meters of voting rights and 107 square meters of the instant building for which 30.