회사에 관한 소송
1. The plaintiff's appeal against the defendants is dismissed in entirety.
2. The costs of appeal shall be borne by the Plaintiff.
purport, purport, and.
1. Basic facts and relevant laws and regulations;
A. Pursuant to Article 23(1) of the Act on Ownership and Management of Condominium Buildings (hereinafter “the Act”), Defendant B World Trade Association (hereinafter “Defendant B World Trade Association”) is a management body comprised of sectional owners, etc. of B apartment commercial buildings located in F in Jung-gu Seoul Metropolitan Government (hereinafter “instant commercial buildings”).
B. The Plaintiff is a sectional owner of the instant commercial building Nos. 406 to 419.
C. Defendant C reported to the lessee of the instant commercial building B101 and B120, and on June 2, 2014, Defendant C reported to the representative of Defendant prosperity as a non-profit corporation in the mid-term tax office.
The main contents of the Act on the Ownership and Management of Aggregate Buildings, the Enforcement Decree of the Dong, and the Rules of the defendant prosperity (hereinafter referred to as the "Rules of this case") are as shown in
[Reasons for Recognition] Facts without dispute, Gap evidence 1, Gap evidence 20-1 to 40, Gap evidence 23, Eul evidence 1, the purport of the whole pleadings
2. The plaintiff's assertion
A. Article 24(3) of the Act on the Ownership and Management of Aggregate Buildings provides that "the manager shall be appointed or dismissed by a resolution of the managing body's meeting." While the defendant C refers to the "chairperson" in this case by the resolution of the managing body's meeting of the defendant prosperity, it has not been appointed as the "manager" in the Act on the Ownership and Management of Aggregate Buildings because it refers to the "manager" in this case.
Even if Defendant C was appointed as a manager at the management body meeting on October 5, 2016, ① the above assembly was held by Defendant C, who is not entitled to convene an extraordinary general meeting, and there is procedural defect. ② It is invalid that granting the lessee the attending the general meeting and voting rights to the lessee under the instant regulations infringed on the sectional owner’s rights. Moreover, it is recognized that each of the sectional owners of the instant commercial buildings recognized the voting rights to each of the instant sectional owners at the time of appointing a manager.