총회 결의 무효 확인 청구의 소
1. Revocation of the first instance judgment.
2. The plaintiff's primary claim added by this court is dismissed.
3. Defendant C.
Basic Facts
The Defendant B management body (hereinafter referred to as the “Defendant management body”) is a management body comprised of sectional owners of buildings listed in the attached Table (hereinafter referred to as “instant building”) as an aggregate building pursuant to Article 23(1) of the Act on Ownership and Management of Condominium Buildings (hereinafter referred to as the “Aggregate Buildings Act”), and the Plaintiff is a sectional owner of the instant building.
On May 14, 2011, at the temporary management body meeting of the defendant management body, a resolution was made to dismiss M as the former manager and to appoint Defendant C as the manager (hereinafter “instant resolution”).
M disputing the validity of the instant resolution, and filed an application with the Seoul Central District Court for provisional disposition prohibiting interference with business (201Kahap1309). The said court rendered a ruling of citing it on August 23, 2011. While Defendant C raised an objection, the said court decided to authorize the above provisional disposition on April 23, 2012.
Defendant C filed an immediate appeal with the Seoul High Court regarding the above decision, and the appellate court rendered a decision to revoke the above provisional disposition on September 10, 2013 on the ground that the instant decision was lawful.
Thus, M is re-appealed to the Supreme Court, but the ruling of dismissal of re-appeal became final and conclusive.
Defendant management body held a temporary management body meeting on November 16, 2013 and passed a resolution to appoint the Plaintiff as a manager. However, Defendant C et al. filed a lawsuit against Defendant C et al. seeking confirmation of invalidity of the resolution to appoint a manager against the Plaintiff at the Seoul Central District Court (2013Gahap86187).
On January 29, 2015, the above court rendered a judgment to confirm that the resolution to appoint the plaintiff as the administrator was null and void, and the above judgment became final and conclusive by withdrawing the appeal filed by the defendant management body.
"2014 Highest 7001"
A. A. A. From May 201, the Defendant who forged a private person (the Defendant C refers to the Defendant; the same applies hereinafter) at the place where the Defendant’s residence was located in the Gangnam-gu Seoul Metropolitan Government N apartment and 404, the said B building management body.