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(영문) 서울서부지방법원 2014.07.25 2013가합36392

해임및결의무효확인청구

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1. It is confirmed that each act described in the separate sheet issued by the defendant is invalid.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Basic facts

A. The Defendant is a management organization comprised of the representatives (the “representative of occupants” or the “representative of the management body”) of the occupants of the instant building in order to manage and manage the management body under the Act on the Ownership and Management of Aggregate Buildings (hereinafter “Act”), which is an aggregate building in Mapo-gu Seoul Metropolitan Government (hereinafter “instant building”), and to manage the affairs of the management body under the Act on the Ownership and Management of Aggregate Buildings.

【Management Rules of the instant building (hereinafter “Management Rules”).

Article 4) b).

The Plaintiffs were the representative of the management body of the instant building and the person who was an executive of the Defendant, and were elected at the temporary management body of the instant building on March 20, 208. On December 2, 2011, at the third regular management body meeting of the instant building, the Plaintiffs were reappointed from the Defendant’s office to the Defendant’s auditor (Plaintiff A) and the general secretary (Plaintiff B) (the term of office: from March 21, 2012 to March 20, 2014), and thereafter, the Plaintiff was dismissed from office on July 5, 2013, Plaintiff B, and F from the Defendant on July 16, 2013. < Amended by Act No. 11908, Jul. 16, 2013>

(hereinafter referred to as “Plaintiff, etc.”) including the Plaintiffs and F. C.

On July 18, 2013, the Defendant: (a) appointed Nonparty G, H, and I as the Defendant’s new officer; and (b) publicly announced that “The Defendant’s existing officer was dismissed and appointed G, H, and I as the Defendant’s temporary officer up to the expiration of the remaining term of office upon delegation and consent of at least 75% of the sectional ownership owner pursuant to Article 15 of the Management Rules.”

As above, the Defendant received from 114 persons among 143 persons holding a sectional ownership of the instant building (79.7%) the power of delegation (2 to 109) stating the following matters, among the 143 persons holding a sectional ownership of the instant building, (i.e., a written consent on the appointment of an executive officer, and (ii) evidence No. 3-2 to 109). This constitutes 55.9% of the voting right based on the share of 8.436.98 square meters among the size

I agree on the following management methods as the sectional owner of the instant building, and appoint and dismiss the executive officers of the management body: