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(영문) 의정부지방법원 2017.01.13 2016가합51399

업무방해금지 및 관리인해임

Text

1. The plaintiffs' claims against the defendant are all dismissed.

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

Reasons

1. Basic facts

A. The plaintiffs and the defendant are sectional owners of the officetel E (hereinafter referred to as the "officetel of this case") in the Gu Government-si.

B. On March 30, 2013, the general meeting of the instant officetel management body was held, and the Defendant was elected as the third president (two years of office) and performed duties.

C. On March 28, 2015, at the meeting of the executive board of the instant officetel management body around December 2014, “the amendment of the management rules and the withdrawal of executive officers at the meeting of the executive board of the instant officetel” were subject to the resolution to hold the general meeting of the management body on March 28, 2015, constituting one chairperson and two members, and the committee to elect executive officers, and delegated voting rights in writing from sectional owners as the chairperson of the committee to elect executive officers. However, the committee to elect executive officers by dividing one-third by one-third each, and two members were composed of F, A, and G3 members.

The Defendant first registered as the candidate for the president of the instant officetel management body. On March 14, 2015, Plaintiff A and G resigned from office as a member of the board of directors selection committee and registered as the candidate for the president of the instant officetel management body. Only one of the F1 was left for the board of directors selection committee.

E. On March 28, 2015, the instant officetel’s general meeting was held, and the fourth managing body’s election was held on the agenda (hereinafter “the instant election of the chairperson”). However, the instant officetel consists of 281 households or stores, and the number of voting rights was 281 and the number of voting rights was 200 persons and 16 persons were directly present (number of voting rights).

F. Of three persons registered as candidates, G resigned from the position of the president of the management body, and eventually, the plaintiff A and the defendant were elected as candidates for the president of the management body. As a result of the ballot counting, the plaintiff A and the defendant had the result of the 217 votes and the 17 votes. However, after the ballot counting, H sectional owners and the defendant cannot act for more than a majority of the sectional owners or a majority of the voting rights.