총회결의 무효확인의 소
1. Of the instant lawsuits, the part regarding the claim for nullification of the resolution that appointed C as the representative at the extraordinary general meeting of July 21, 2018.
1. Basic facts
A. According to Article 23 of the Act on the Ownership and Management of Aggregate Buildings (hereinafter “the Act”), the Defendant is a management body established to implement the project relating to the management of the building of this case with all sectional owners of B (hereinafter “the building of this case”) located in Mapo-gu Seoul, an aggregate building under Article 23 of the Act on the Ownership and Management of Aggregate Buildings, and the Plaintiff is a full representative of
B. On July 21, 2018, when the Plaintiff resigned from the office of the Defendant’s representative and continues to hold a special meeting for several months, the sectional owners of the instant building centered on C around June 2018 requested the Defendant to convene a special meeting to elect the Defendant’s officers, etc. However, the Defendant rejected the request on the ground that only 56 sectional owners, who fall short of the requirements prescribed in Article 12 of the Defendant’s Management Rules (at least 1/3 of the sectional owners’ demand for convocation), were attached. 2) The sectional owners who requested the convocation of the special meeting, who requested it on July 1, 2018, announced the purport that the “case of using the special meeting for common use” and “the case (representative, general secretary, auditor) of the election of the building management body” will hold the Defendant’s special meeting on July 21, 2018.
3) At the Defendant’s extraordinary general meeting held on July 21, 2018, C was elected as the Defendant’s representative with the consent of 99, a majority of 197 sectional owners of the instant building, among the total sectional owners of the instant building (hereinafter “Resolution of July 21, 2018”).
(C) On February 11, 2019, the Defendant’s resolution 1) C at the ordinary meeting of shareholders as of March 5, 2019, as the Defendant’s representative, announced that “the Defendant’s executive officer (the president, the general secretary),” “the publication and discussion of the hotel operation plan,” and “the presentation and discussion of cases concerning the building operation,” as the Defendant’s representative, would extend the date of the ordinary meeting of shareholders on March 5, 2019.”
2. The defendant held on March 5, 2019.