beta
(영문) 수원지방법원 2014.12.12 2013가합21980

관리인선임결의 무효확인

Text

1. A decision made by the Defendant on August 28, 2013 that the Intervenor appointed the Defendant’s assistant intervenor as the manager of the A building at the special general meeting of the Defendant.

Reasons

1. Basic facts

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”) composed of sectional owners of A building, an aggregate building located in Suwon-si C, D, E, and F (hereinafter “A building”), and both the Plaintiff and the Defendant’s supplementary intervenor (hereinafter “B”) are sectional owners of A building.

B. On September 1, 2011, the non-party G, a custodian of the Defendant, claimed that he was entrusted by G with the duties of the Defendant’s custodian (hereinafter “manager”), and the Plaintiff, non-party H, and I, who was the sectional owners of the building A, filed a petition against B for a provisional disposition of suspending the performance of B’s duties at this court (201Kahap439). On December 28, 2011, the court decided that “the above applicants shall not perform their duties until the final judgment on the merits of the case becomes final and conclusive, such as confirmation of the status or absence of authority as the custodian of the building in B,” and that on January 4, 2012, the court appointed the non-party legal representative as the manager until the judgment on the merits became final and conclusive.

C. The above provisional disposition applicant filed a lawsuit against B to confirm that B does not have the status of trustee (2013Gahap5827) in this court. On August 16, 2013, the said provisional disposition applicant reached a compromise in litigation between B and B that “B does not have the status of trustee.”

After that, on August 19, 2013, Non-Party K et al., who was a sectional owner of A building, made a public announcement of convening an extraordinary general meeting for the appointment of a custodian, etc., and on August 28, 2013, a resolution was made to appoint B as a custodian at the Defendant’s extraordinary general meeting held on August 2

E. Accordingly, the Plaintiff asserted that there was a defect in the resolution of the above special meeting, and filed an application against B for provisional measures to suspend the exercise of custodian’s duties with this court (No. 2013Kahap416), and this court passed a resolution to appoint a custodian of the special meeting of August 28, 2013 against the Defendant by the Plaintiff.