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(영문) 울산지방법원 2015.03.26 2014가합4282

정기총회결의 무효 확인

Text

1. A resolution adopted by the Defendant, at the ordinary meeting of March 17, 2014, to appoint the Intervenor joining the Defendant as the president of the prosperity conference.

Reasons

1. Basic facts

A. The building listed in the attached list (hereinafter “instant commercial building”) is an aggregate building subject to the Act on the Ownership and Management of Aggregate Buildings (hereinafter “the Aggregate Buildings Act”), and the Defendant is a management body organized pursuant to Article 23(1) of the same Act. The Plaintiffs and the Defendant’s assistant intervenor are part of the sectional owners.

B. The total area of the instant commercial building is the numerical value converted from 6,335 square meters to 20,944.03 square meters on a flat basis.

C. The Defendant’s rules include the following:

Article 14 (Composition of Managing Body) The managing body shall be all sectional owners of the buildings.

Article 15 (Assembly)

4. The assembly shall be comprised of members of the sectional owners under Article 18 and of members of the voting rights who attend the assembly.

Article 17 (Exercise of Voting Rights)

1. Voting rights shall be based on the ratio of the area owned by each sectional owner;

2. If the section for exclusive use belongs to several persons, one of the co-owners shall exercise his/her voting right by designating one of them;

3. Voting rights may be exercised in writing or by proxy, and in this case, each sectional owner shall, in advance, designate one of them as his agent and report to the manager.

Article 18 (Matters for Decision)

1. The following matters shall be decided at an assembly:

Establishment or abolition of management rules;

(b) Establishment, modification or disuse of the section for common use;

(c) Approval of the budget and settlement of accounts for building management and maintenance;

(d) Approval of appointment and dismissal of executive officers (which may be also applicable to the board of representatives and exclusion of the chairperson);

(e) Matters stipulated by these regulations as the authority of the assembly;

(f) Other matters presented to an assembly;

2. In principle, the assembly shall make a resolution on the matters notified under Article 17;

Article 19 (Method of Resolution)

1. A resolution at the meeting of the management body shall be adopted with the attendance of not less than a majority of the voting rights and with the concurrent vote of not less than a majority of the voting rights present, except as otherwise provided for

2. The matters of Article 18 (1) and (2).