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(영문) 서울남부지방법원 2017.11.09 2017가합103734

결의무효확인의 소 등

Text

1. The amendment of the "Building Management Rules" as to the lawsuit against the management body of the occupants of the Defendant B building.

Reasons

1. Basic facts

A. The parties’ status 1) The Defendant management body is the building B in the size of the two underground floors, the fifteenth ground level, and the 133 units room in Geumcheon-gu Seoul Metropolitan Government (hereinafter “instant building”).

The Act on the Ownership and Management of Aggregate Buildings, composed of sectional owners, (hereinafter referred to as the “Aggregate Buildings Act”).

(2) Defendant C was elected as the president at the inaugural general meeting of the Defendant management body on March 29, 201, and thereafter on March 19, 2013, and March 16, 2015. < Amended by Presidential Decree No. 24475, Mar. 16, 2015>

In addition, at the meeting of the management body on March 13, 2017, each reappointment is decided, and the president is in the position of the president until now.

B. 1) Defendant management body’s resolution, etc. at the general meeting of shareholders of Defendant management body: (a) Defendant management body’s annual meeting on March 21, 2017 (hereinafter “instant general meeting”).

(2) The meeting minutes of the instant general meeting (No. 4, hereinafter referred to as “instant meeting minutes”) were held.

The statement that “(110) votes, including a written consent among the 133 votes, become a sexual source with the consent of 110 votes.” Article 24(3) of the Amendment Bill provides that “The Steering Committee shall select a method of management of the building (including the selection of a building management entity, if it is intended to change any) with the consent of at least 2/3 of its operating committee members, and shall determine at the meeting of the sectional owners.

When concluding a management entrustment contract with an entrusted manager, etc., the management entrustment contract shall be concluded in accordance with the procedures and methods for open competitive bidding, and two or three preferential bargaining enterprises shall be selected at the meeting of the management management council.

Article 27(2)

(a)when determining the method of management as an entrusted management, the operating committee shall select a building management entity and shall determine by resolution the building management entity at the meeting of the sectional owners;

In the case of determining the management method by entrusted management, the general meeting of sectional owners among two-three enterprises subject to preferential bargaining selected and confirmed by the management body meeting in accordance with the procedures and methods of open competitive bidding.