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(영문) 광주지방법원 2018.09.06 2018가합51954

관리단집회결의취소청구

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. 1) C (hereinafter “the hotel in this case”) is an aggregate building consisting of 300 guest rooms located in D and 3 lots in Naju City (total size of 16,960.59m2). The instant management body is naturally established under the Act on the Ownership and Management of Aggregate Buildings (hereinafter “the Aggregate Buildings Act”) as a member of all of the hotel owners of the instant case pursuant to Article 23(1).

3) The Plaintiff and the designated parties are the members of the instant management body, who are the sectional owners of the instant hotel. The Plaintiff and the designated parties E were selected from the management body meeting of the instant management body on April 29, 2017 as the members of the management body of the instant management body (Evidence 5). The F Co., Ltd. was the manager of the instant management body, but the term of office of the F Co., Ltd was terminated on June 16, 2017 (the fact that no dispute exists). The Defendant asserted in the written reply dated April 13, 2018 that the term of F Co., Ltd was terminated on June 16, 2017 (2) and the Plaintiff did not dispute such assertion in the written application for modification of the purport of the claim and the cause of the claim as of May 23, 2018.

(2)(b)

On February 12, 2018, some of the hotel owners of the instant case publicly announced that he/she would hold a temporary management body meeting of the instant management body on the following, that the members of the management committee under subparagraph 2 of the abolition and establishment of the existing management rules under subparagraph 1 (2) (the plaintiff representative of the first floor and the representative of the sixth floor) dismissal of the members of the management committee under subparagraph 3 (the representative of the plaintiff and the representative of the sixth floor) and the administrator under subparagraph 5 who appointed at least 1/5 of the members of the instant hotel sectional owners of the instant hotel will hold a temporary management body meeting of the instant management body on February 24, 2018 to handle the agenda stated in the following table.

(A) Evidence No. 1 (c)

On December 24, 2018, the instant management body opened the instant assembly and adopt the instant resolution. The ownership of the portion equivalent to 102 persons among 184 members of the instant management body, which is 65.78% of the total size of the instant hotel, shall be 11.51m2.