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(영문) 서울북부지방법원 2016.05.12 2015가합3192

임시총회결의효력무효확인등

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1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. The building C (hereinafter referred to as the “instant building”) is a residential complex building consisting of Dong pipes (750 shops, 60 apartment houses) constructed on the land in Dongdaemun-gu Seoul, Dongdaemun-gu, and library pipes (including 648 apartment houses and 28 apartment houses) constructed on the F ground. The entire area of the commercial building is 12,419.62 square meters, and the entire area of the apartment part is 10,418.64 square meters, and the entire area of the apartment part is 22,838.26 square meters (12,419.62 square meters) of the total area of the instant building is 10,418.64 square meters.

B. Under Article 23 of the Act on the Ownership and Management of Aggregate Buildings, Defendant management body is a management body consisting of all sectional owners of commercial buildings and apartment buildings for the purpose of implementing the project on the management of the building, site and attached facilities.

C. On March 2013, some of the sectional owners of the instant building constituted a “General Assembly Preparation Committee” to prepare the general meeting of sectional owners of the instant building, and led G (the current manager of the Defendant Management Body) as the chairperson. On April 2013, the said General Assembly Preparation Committee requested H to the attorney-at-law who was the acting manager of the Defendant Management Body, the acting manager of the Defendant Management Body, to cooperate so that the general meeting of sectional owners of the instant building can be convened smoothly.

From April 2013, the General Assembly Preparation Committee received the delegation from the sectional owners of the instant building from the sectional owners of the instant building. The delegation letter was that the sectional owners of the instant building delegated their voting rights to G regarding various matters, such as the dismissal and appointment of the manager.

In May 2013, the General Assembly Preliminary Committee accepted the delegation letter in Chapter 400 from the sectional owners of the building in this case and demanded H to convene a general meeting on behalf of the custodian H.

E. However, as H did not call a general meeting of the Defendant management body, the said general meeting preparation committee shall hold an assembly to deliberate on the appointment and dismissal agenda, etc. of the manager around May 20, 2013, and around 21, pursuant to Article 33 of the Act on the Ownership and Management of Aggregate Buildings.