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(영문) 서울북부지방법원 2016.06.23 2015가합2175

임시총회결의무효확인

Text

1. The Defendant did not have a resolution to appoint G as a custodian at an extraordinary general meeting on July 18, 2014, and Defendant .

Reasons

1. Facts of recognition;

A. Plaintiff A is a management body established pursuant to Article 23(1) of the Act on Ownership and Management of Condominium Buildings (hereinafter “the Act”) by consisting of sectional owners who own 1801 units of Dongdaemun-gu Seoul (hereinafter “the instant building”), Plaintiff B-16 units of 816 units of 328-1, Plaintiff C-1, Plaintiff D-101 units of 101 units of 763 units of the instant building, and the Defendant is a management body established pursuant to Article 23(1) of the Act on Ownership and Management of Condominium Buildings (hereinafter “the Act”).

B. Dongyang Cyd Co., Ltd., a new construction and sale company of the instant building (hereinafter “Dongyang Cyd Co., Ltd”) completed the registration of initial ownership on or around December 9, 2005, and completed the registration of initial ownership on or around January 19, 2006 with respect to all sectional stores, and completed the registration of initial ownership transfer to buyers. The instant building consists of total 974 rooms (256 rooms, such as the store No. 718, officetels, etc.) and the number of sectional owners is 461 persons.

C. The entire sectional owners of the instant building held the first general meeting on July 27, 2006 (hereinafter “general meeting on July 27, 2006”). The minutes of the instant general meeting include the following: “cases of meeting of the management body”, “cases of the representative council of the management body and the appointment of executive members,” “cases of the enactment and approval of the regulations and various regulations of the management body”, and “cases of the appointment of the management body” as “cases of the appointment of the management body,” and “cases of the appointment of the management administrator,” which are included in the minutes of the above general meeting.

The F Integrated Management Group (hereinafter referred to as the "Integrated Management Group") organized by the Assembly on July 27, 2006 is called the "I" corporation I (hereinafter referred to as the "I") on September 11, 2006.

B) On September 23, 2005, the building management consignment contract I (the former trade name: L, a corporation, was established on August 23, 2005 for the purpose of leasing real estate, selling by proxy, management business, etc., and entered into an entrustment contract for the management of the building in this case with Yangyang Cdi on September 23, 2005.

AB concluded the agreement.

E. I was a sectional owner of the building of this case, when he had been managing the building of this case.