관리인선임결의무효확인청구
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
purport:
1. The reasons why the court states this part of the basic facts are the same as the basic facts of the judgment of the court of first instance, and thus, they are cited by the main text of Article 420 of the Civil Procedure Act.
2. The parties' assertion
A. The Plaintiff’s extraordinary general meeting of February 10, 2015 (hereinafter “instant general meeting”) was not held in accordance with the convocation procedure under the Act on the Ownership and Management of Aggregate Buildings, and the appointment of a custodian was not included as an agenda at the time of the instant general meeting announcement. Since the resolution of the instant general meeting did not meet the quorum under the Act on the Ownership and Management of Aggregate Buildings, the resolution of the instant general meeting is null and void.
B. The general assembly of this case was convened by 11 sectional owners, including I, who attended the extraordinary general meeting held on January 20, 2015, and thus, there is no defect in the convocation procedure.
In addition, in determining whether the quorum and the quorum of the management body meeting are met, the number of sectional owners in natural meaning without considering the number of sectional owners owned by sectional owners. As such, if the 52 sectional owners did not communicate at all up to the present among all the 52 sectional owners, or if 20 persons did not participate in the general meeting once, the number of sectional owners in the management body is 32, and among them, the resolution of the general meeting of this case was adopted by 21 persons, so the resolution of this case is legitimate.
3. Determination
A. Article 23(1) of the Act on the Ownership and Management of Aggregate Buildings (hereinafter “Act on the Ownership and Management of Aggregate Buildings”) provides that “If a sectional ownership relationship with respect to a building is established, a sectional owner shall form a management body with the aim of executing the business related to the management of a building and its site and its accessory facilities as a whole.”
The management body is not an organization established only through any organizational act, but all sectional owners of a building, if there is a building established by sectional ownership.