임시관리단집회결의무효 확인
1. All of the claims filed by the Plaintiff (Counterclaim Defendant) for the development of well-known Housing and Plaintiff A are dismissed.
2...
1. Basic facts
A. The Defendant is a management body established pursuant to Article 23(1) of the Act on the Ownership and Management of Aggregate Buildings (hereinafter “the Aggregate Buildings Act”), consisting of all sectional owners of the aggregate building indicated in the Attached Form “Attachment Building Display” (hereinafter “the instant building”). The Plaintiff (Counterclaim Defendant Company) is a company that managed the instant building, and the Plaintiff (Counterclaim Defendant Company) is a sectional owner of the instant building B101 at the time of the Defendant’s resolution on December 3, 2013. The Plaintiff A is a sectional owner of the instant building No. 1204 and 12111.
B. Of the total 131 sectional owners of the instant building, 52 persons, among the 131 sectional owners, appointed C as their representatives to convene the Defendant’s temporary management body meeting pursuant to Article 33(4) of the Aggregate Buildings Act. On November 18, 2013, C posted a notice on the bulletin board and elevator of the instant building in lieu of the notice for convening the above assembly on November 18, 2013, stating that “Around December 18:30, 2013, at the third floor conference room in Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seoul, that “A management rules shall be enacted, ② the appointment of the manager, ③ the appointment of the Defendant’s officers, ④ the decision on the management method of the instant building and the delegation of the authority to conclude the management contract,
C. Accordingly, on December 3, 2013, the Defendant holds a temporary meeting of the management body (hereinafter “instant meeting”) at the seat of C, elected as the Speaker pro tempore, and held 74 persons who are the majority of the sectional owners of the instant building (i.e., 54 persons present at the site who submit a written consent letter of delegation of voting rights, 18 persons present at the site). With the consent of 6,214.89 square meters, which is a majority of 11,363 square meters of the total area of the section for exclusive use of the instant building, ① the contents of enacting the management rules of the instant building, ② the contents of appointment of C as the manager of the instant building, ③ the persons subsequently designated by the manager.