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(영문) 서울남부지방법원 2018.11.29 2018가합111169

정기집회결의무효확인

Text

1. The Defendant’s resolution on February 23, 2018 at a regular meeting on February 23, 2018 is invalid.

2. The costs of lawsuit shall be.

Reasons

1. Facts of recognition;

A. The Defendant is a management body under the Act on the Ownership and Management of Aggregate Buildings (hereinafter “Act on the Ownership and Management of Aggregate Buildings”) comprised of the sectional owners of the Yeongdeungpo-gu Seoul Metropolitan Government L Building (office 426 households, commercial buildings 27 households, sectional owners, 345 persons, hereinafter “instant building”).

Meanwhile, the Plaintiffs are sectional owners of the instant building.

B. On February 23, 2018, the Defendant publicly announced on February 9, 2018, that a regular meeting (hereinafter “instant regular meeting”) shall be convened to resolve on the agenda, such as the composition of the Defendant’s representative meeting.

On February 12, 2018, the defendant constituted an election management member to organize the representative meeting of the defendant, and the plaintiff B was selected as the chairperson of the election management committee.

Chairperson: M 4 marks, N 25 marks 101:O 8 marks, P 4 marks, A 15 marks 102 marks: F 4 marks, Q0 marks, and R 25 marks.

C. On February 23, 2018, the Defendant held the instant regular meeting and election was held in relation to the agenda “organization of the representative meeting of the management body.”

At the time, 30 sectional owners, who were directly present at the regular meeting of this case, and the result of voting by sectional owners who were directly present at the regular meeting of this case is as follows.

On the other hand, M asserted that the sectional owner of the instant building was delegated with the exercise of voting rights by 151 persons holding the sectional ownership, and exercised voting rights on behalf of 151 persons holding the said sectional ownership in the manner of voting for M,O, P, Q, and R using the absentee voting paper.

E. Under the premise that Plaintiff B, the chairman of the election management committee, subsequently examined the legality of the instant election, Plaintiff B published that M M as Defendant’s custodian, P as O, P, 102 representative, Q and R were elected.

Article 18 (Organization of Meetings)

1. The meeting of the management body shall be composed of all sectional owners;

Article 22 (Matters to be Resolved at Meetings)

1. The following matters shall be resolved with the consent of a majority of all sectional owners and voting rights (including proposals for proposal when submitting a delegation letter), participants and voting rights: