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(영문) 서울고등법원 2018.10.16 2018나2010195

임시총회결의무효확인

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the court's explanation concerning this case is as follows: "The Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter "the Act")" shall be dismissed as "Gu Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (wholly amended by Act No. 14567, Feb. 8, 2017; hereinafter "former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents")"; "the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (wholly amended by Act No. 14567, Feb. 8, 2017; hereinafter "former Act on the Maintenance and Improvement of Urban Areas")"; "the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter "the former Act on the Maintenance and Improvement of Urban Areas") No. 310,

2. Additional determination

A. As to the Plaintiff’s assertion of falling short of a quorum, the Plaintiff asserted that 699 incumbent partners (i.e., 725-18-8), 346 members present at the general meeting (i.e., 375-22-7), 49.49% (i.e., 346/699 x 100%) were below the quorum for the resolution of this case. ① Under Article 19(1)1 of the former Act, where land or buildings belong to co-ownership, the Plaintiff should recognize the status of 30 members for 12 parcels of land listed in the separate list, but the Defendant recognized the status of 30 members for 12 parcels of land listed in the separate list and participated in the resolution (i.e., 30-12), except from the number of incumbent members, the number of members present at the general meeting and 49.49% of the number of members present at the general meeting (=346/699 x 100%).