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(영문) 수원지방법원성남지원 2019.04.19 2018가합404569

관리단 결의취소 등

Text

1. Each resolution listed in the separate sheet No. 1 of the regular meeting of the management body as of April 10, 2018 by the Defendant, and April 23, 2018.

Reasons

1. Facts of recognition;

A. 1) The defendant is the Act on the Ownership and Management of Aggregate Buildings (hereinafter referred to as the "Aggregate Buildings Act").

(B) Pursuant to Article 23(1), “B,” which is an aggregate building of the 5th underground and the 8th floor above ground in Seongbuk-gu, Seongbuk-gu, Seongbuk-gu (hereinafter “instant building”).

2) The Plaintiff is a management body comprised of sectional owners. (2) The Plaintiff is a sectional owner of the 1/2 share in the 3rd floor D, E, and 1/2 share in the 1/2nd underground floor F, and 1/2 share in the 2nd underground floor G, and the spouse H is a sectional owner of the 1/2 share in the 1st underground floor F, and 1/2 share in the 2nd underground floor G.

3) The Plaintiff and H operate public bath in the name of “I” from June 2015 to June 1, 2015. B. Although the sectional owners of the instant building and the sectional owners of the instant building, the number of sectional owners of the instant building and the sectional owners of the instant building, among the owners of the instant building, are indicated in the 40 minutes, the Defendant asserts that 40 persons among the owners of the instant building are doublely appropriated, and the Plaintiff does not dispute this. In addition, the Plaintiff asserts that the Korea Electric Power Corporation’s voting rights should be excluded and the Defendant should be included in the calculation of voting rights, the number of sectional owners is included. The entire section of exclusive ownership includes 12,305.93 square meters. C. The Defendant sent a notice of convocation on April 4, 2018 under the name of the administratorJ, and the regular meeting of the management body on April 10, 2018 (hereinafter “instant meeting”).

In the minutes of the above management body meeting, 31 persons (based on voting rights, 11,420.57 square meters), including the letter of proxy seat and written resolution, among the total 41 persons holding a sectional ownership of the building of this case, were present. Of them, 21 persons among them and the total voting rights of Korea Electric Power Corporation of 12,305.93 square meters are included. Of them, with the consent of 7,962.7 square meters among them, the agenda in the attached Table 1 list is subject to a resolution (hereinafter “instant management body resolution”).

2.1.