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(영문) 수원지방법원 2015.12.10 2015가합63438

관리인선임결의무효확인청구

Text

1. The Defendant confirms that a resolution appointing C as a manager of B building at an extraordinary general meeting of February 10, 2015 is null and void.

Reasons

1. Basic facts

A. The Defendant is a management body under the Act on the Ownership and Management of Aggregate Buildings, composed of sectional owners in the building located in Suwon-si D, E, F, and G (hereinafter “Aggregate Buildings Act”), and the Plaintiff and C are sectional owners in the building B.

B. The Defendant’s defect in the resolution to appoint C as a custodian at an extraordinary general meeting held on August 28, 2013, and the Plaintiff asserted that there was a defect in the said resolution against the Defendant, and filed a lawsuit seeking confirmation of invalidity of the resolution to appoint a custodian (this Court 2013Gahap21980) on December 12, 2014, and confirmed as of January 3, 2015 with the judgment accepting it from this Court.

Meanwhile, until the above judgment becomes final and conclusive, an attorney H was a manager in B building, but the manager in B building did not exist in accordance with the above judgment final and conclusive.

C. I asserts that the consent of at least 1/5 of the sectional owners of B building was obtained on January 7, 2015, and that there was no particular resolution even though the special general meeting was held on January 20, 2015 by publicly announcing the following special general meetings:

Pursuant to Article 33(4) of the Aggregate Buildings Act, in order to revitalize buildings publicly announced at special general meetings and enhance their value, at least 1/5 of the sectional owners of B building can convene special meetings with the consent of at least 1/5 of the sectional owners of B building:

- - The following:

1. President C and J Operation Committee members: The Secretary General of the K Secretariat of 202, 901 L, B11 L, 101 M, 801 N, 1001 N, and 1001 A:O [the Director, Vice-President, and Vice-President, are honorary offices, all office duties and all applications for permission, etc. shall be executed at the meeting of the operating directors; hereinafter referred to as "all office duties and all applications for permission"): January 20, 2015: At 11:0 am on 20 am of January 20, 2015: The representative I of the person who has agreed to convene an extraordinary general meeting of a 2nd cafeteria building in B;

D. Around February 3, 2015, I again announced an extraordinary general meeting as follows:

Pursuant to the decision to postpone the 10th day of February at the extraordinary general meeting on January 20 of the announcement of the extraordinary general meeting, I shall convene the extraordinary general meeting as follows:

- - The following: