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(영문) 부산지방법원동부지원 2016.01.28 2015가합101947

총회결의취소

Text

1. On May 16, 2015, the Defendant passed a resolution for ratification of management regulations at the 12th regular meeting of the B Hotel management body.

Reasons

1. Basic facts

A. The plaintiff is a co-owner of B hotel in Busan Shipping Daegu C (hereinafter "the hotel in this case"), and the defendant is an organization composed of the persons holding the hotel in this case.

B. The current state of the hotel’s operating method and current status 1) the hotel’s ground 1 to 4 is used as neighborhood living facilities, and the hotel is used from 5 to 30 floors above the ground, and since the total guest room 416 rooms were sold by each unit, there are sectional owners for each guest room. 2) Copic S&C Co., Ltd. (hereinafter “CopiC”).

(B) On September 21, 2009, the owner of the instant hotel was transferred the status of the hotel hotel proprietor and the status of the managing body. After entering into an asset operation and management delegation agreement with the instant sectional owners as of June 30, 2012, he/she entered into a contract with the total hotel owners for 416 guest rooms and the entire hotel of this case. (B) The contract period between the two owners of the instant hotel and the total hotel of this case expires; (3) on March 31, 2012, 242 of the total hotel owners of the instant hotel room held a temporary management body on March 31, 2012; and (4) decided to select 168 guest rooms as the next entrusted business entity of the instant hotel; and (4) concluded a management consignment agreement with the sectional owners of the instant 168 guest rooms, and conducted the management consignment agreement as the object of the accommodation business.

C. Meanwhile, on May 2012, 223 among the 416 persons holding a sectional ownership of the hotel hotel of this case, 223 persons entered into a management consignment agreement with the Koul C&C, and the representative of the sectional owners supporting Koul C&C constitutes an independent organization on July 6, 2012, including the completion of business registration under the name of "E", so no agreement was reached among sectional owners on the selection of the hotel operating company and the composition of the management body, and the hotel guest room of this case.