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(영문) 수원지방법원성남지원 2016.05.25 2015가합206795

관리규약에 대한 결의 무효 확인

Text

1. Of the instant lawsuits, the part of the Plaintiffs’ motion to confirm the invalidity of the resolution of the withdrawal of the receiver on February 20, 2014 against the Defendant, and the part of the motion to confirm the invalidity thereof.

Reasons

1. Basic facts

A. The Defendant is a management body under Article 23 of the Act on the Ownership and Management of Aggregate Buildings for the purpose of carrying out projects on the management of the above buildings and building sites and their accessory facilities, consisting of sectional owners of the building C, which is an aggregate building located on the land outside of 3 lots, Seongbuk-gu, Sungnam-si, Seoul, and is a sectional owner under Article 208 of the second floor of the aggregate building, and the Plaintiff Company B (hereinafter “Plaintiff Company”) is a sales company and a sales company of the instant aggregate building, and the Plaintiff Company (hereinafter “Plaintiff Company”) operates the instant aggregate building with the trade name “F” under the sectional ownership of No. 101 of the first floor and No. 201 of the instant aggregate building, and the parking lot under the sectional ownership of No. 501 of the fifth floor, No. 601 of the land and No. 601 of the land and No. 701 of the land.

(hereinafter “instant underground parking lot”). B.

Plaintiff

From December 4, 2003 to February 29, 2012, G was elected and served as the chairperson of the defendant. Since the term of office of the defendant as the chairperson of the defendant's company expires (the fourth term of office from February 1, 2010 to February 29, 2012), G announced the appointment of executive officers as follows on February 7, 2012.

- The period of candidate registration: Before February 13, 2012 to February 20, 2012 - The election method: the maximum voter with the consent of the majority of sectional owners or more present at the extraordinary general meeting and with the consent of the majority of sectional owners or more present at the extraordinary meeting.

C. On March 20, 2012, an extraordinary general meeting selected by the Defendant’s fifth executive officers was held with the attendance of 87 persons (29,785.18 square meters out of 30,486.61 square meters of the total charged ownership area) among the total 96 sectional owners of the instant aggregate building, and A and D were serving as the Defendant’s president at the said extraordinary general meeting.

Voting results on the election of the president of the above special meeting are confirmed to have obtained the number of votes obtained by A, 11, 16,819.49 square meters (56.46%), the number of votes obtained by D, 85 square meters, and 12,966.69 square meters (4%). The president of the above special meeting is the president.