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(영문) 서울남부지방법원 2016.08.26 2015가합7696

임시총회결의무효확인

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a sectional owner of the second floor No. 2075, among the Seoul Yeongdeungpo-gu Diplomatic Building (hereinafter “instant commercial building”), the second floor No. 2075.

B. On December 26, 2007, the Defendant was an organization comprised of the representatives of the instant shopping district, and registered the business as “E Representative Committee”. On August 29, 2013, the Defendant changed its representative to “F and five other (C, G, H, I, and J)” and on September 24, 2014, changed its trade name to “B Representative Committee.”

C. On September 29, 2015, the Defendant held a meeting of the Representative Committee and made a resolution to dismiss C on the ground that C, a representative of the first floor above the shopping mall of this case, was absent for a long time at the representative committee meeting (hereinafter “instant resolution”).

[Ground of recognition] Facts without dispute, Gap 2, 3, 8, the purport of the whole pleadings

2. Determination on this safety defense

A. The plaintiff's assertion 1) The owner of the commercial building in this case's assertion was paid dividends of KRW 1,189,132,310 as bankruptcy creditor of KK, and the dividend was deposited with the deposited person as the defendant and became entitled to receive it only in the name of the defendant's joint representative. However, the defendant dismissed C as the representative member of the sectional owner without the resolution of the sectional owner for the purpose of receiving and distributing the above deposit money at his own discretion without excluding C, the representative of the first floor underground of the commercial building in this case. Accordingly, the plaintiff, the owner of the commercial building in this case and the representative of claim against L, who is the executor of the commercial building in this case, filed a lawsuit in this case for the confirmation of invalidity of the resolution in this case. 2) The defendant asserted by the defendant is not a management body consisting of all the sectional owners of the commercial building in this case, and the lawsuit in this case's claim seeking confirmation of invalidity of the resolution in this case'

B. Determination Dok, Dok, and confirmation action.