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(영문) 부산지방법원동부지원 2017.07.06 2016가합928

선임결의무효확인등

Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

The defendant is the managing body of Busan Shipping Daegu Apartment established pursuant to Article 23 of the Act on the Ownership and Management of Aggregate Buildings (hereinafter referred to as the "Aggregate Buildings Act"), and the plaintiff is the co-owner of B apartment 505 and is the defendant's member.

On May 7, 2015, the Plaintiff had been performing the duties of the Defendant’s chairperson. On March 17, 2014, the Plaintiff was dismissed from the position of the Chairperson (in the case of the apartment, using the name of “Chairperson” in the above apartment, performing the duties as the representative or manager of the management body under the Aggregate Buildings Act) with the consent of 33 households among the 48 B apartment units on March 17, 2014, and performed duties until April 30, 2014.

On May 1, 2014, the defendant opened an extraordinary general meeting and elected G as a new chairperson of the defendant, and G designated F as a general secretary.

G has been performing the duties of the chairperson of the Defendant from around that time, and resigned on April 30, 2015, and thereafter, the chairperson of the Defendant is an official seat until the date of closing the argument in the instant case.

On May 7, 2015, the defendant's general secretary F did not elect a new executive due to the relationship in which there was no person who wants to be an executive officer, but there was no person recommended by the residents, even though he/she tried to elect an executive officer by holding a neighborhood meeting on May 7, 201.

B Apartments A, B, and C are composed of 48 households in each Dong, and there are 1,2, and 3 Ras in each apartment building.

On May 2015, 2015, immediately after the opening of the above neighborhood meeting, F, each of B apartment A, B, and C, elected one representative, and posted a written notice of the request for consent or opposition to the matters concerning the management of the apartment (hereinafter “the agenda of the joint consultative body of this case”). Of the total 48 households of B apartment, 35 households of B apartment and 2 households expressed their dissenting opinions.

(hereinafter “instant resolution”). C, D, E, and F shall be subject to the instant resolution on July 9, 2015.