총회결의무효확인소송
1. A resolution of a general meeting held by the Defendant on November 10, 2014 at a general meeting of 15:00 shall be confirmed to be null and void.
2. The costs of the lawsuit are assessed against the defendant.
1. Basic facts
A. The Defendant is a management body established under the Act on the Ownership and Management of Aggregate Buildings (hereinafter “the Act”) with the aim of implementing the management business of the Gu Officetel in Ansan-si (hereinafter “the instant Officetel”) as its members with all sectional owners.
B. The Plaintiff, a sectional owner of the instant officetel 305, was appointed as the Defendant’s manager at the temporary management body meeting held on May 18, 2007, and issued a resignation notice to D on January 21, 2014.
C. At the request of 123 members holding a temporary meeting held on November 10, 2014 (hereinafter “the instant management body meeting”), D was delegated voting rights from 180 members holding a sectional ownership, and E was delegated from 32 members holding a sectional ownership (hereinafter “D”) respectively. D was the president of the instant 363 members holding a 198 members holding a sectional ownership (18 members holding a direct attendance) among 363 members holding a 198 members holding a 198 members holding a written delegation (180 members holding a written delegation to D) and 198 members holding a direct attendance (180 members holding a written delegation to D - 32 members delegated to D and delegated to 1 E and delegated to 1 E, with the resolution of 200 members holding a general management body of this case (hereinafter “management body of this case”). Meanwhile, D was elected by a resolution of 203 members holding a resolution of management body of this case, including the remaining 193 members holding a direct attendance).
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 4, 5, 6, Eul evidence No. 3, the purport of the whole pleadings
2. The assertion and judgment
A. The Plaintiff’s assertion is invalid since the management body meeting of the instant case’s serious procedural and substantive defects are as follows.
1. In accordance with Article 39(1) of the Aggregate Buildings Act, the chairperson of the management body meeting shall be the one who is the extension of the sectional owners.D is present at the management body meeting of this case.