창립총회결의 부존재확인
1. A resolution held by the Defendant on September 29, 2014 at its inaugural general meeting shall be confirmed as null and void.
2. The costs of the lawsuit are assessed against the defendant.
1. Basic facts
A. B is a main complex building with the 1st underground and the 6th ground in Gangdong-gu Seoul Metropolitan Government (hereinafter “instant condominium building”), and is currently being used as a commercial building from the 1st underground to the 4th ground, the 5th ground, and the 6th ground as an apartment building.
B. In around 1989, D Co., Ltd. (hereinafter “Appointed”) succeeded to the market establishment status of E Co., Ltd. under the Wholesale and Retail Trade Promotion Act from E Co., Ltd., and has collected management expenses from the occupants of the instant condominium building.
C. On October 7, 1994, the Appointor was subject to the revocation of market establishment permission by the head of Gangdong-gu Office on the ground that he could not operate the normal market, and on April 25, 2007, transferred the right to manage the instant aggregate building to the Plaintiff (Appointed Party; hereinafter “Plaintiff”).
On July 6, 2014, some of the sectional owners of the instant condominiums formed a management body under the Act on the Ownership and Management of Aggregate Buildings (hereinafter “the Act”), elected F as the representative, and enacted the management rules. On September 29, 2014, the Defendant’s inaugural general meeting held a resolution to approve the items such as “the ratification of management rules, the formation of the management rules, the appointment of a council of occupants’ representatives and its representative operating members, the determination of management expenses, and the bearing of expenses,” etc. (hereinafter “the instant resolution”).
E. B was originally constructed as a commercial building on the 1st underground and the 3th above ground level. Around 1990, the buyer implemented the extension work and extended it to the present size on March 191. Even after completion of the sale in the case of the 4, 5, and 6th above the extended area, the buyer or the successor to the buyer (hereinafter “the buyer of this case”) is 41 in total.
F. The Plaintiff owns 14 sections of the instant aggregate building, including 1th floor above ground, and completed the registration of ownership transfer at the time of the instant resolution.