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(영문) 서울중앙지방법원 2019.05.09 2018가합6797
결의부존재 또는무효확인의 소
Text

1. The establishment of the management rules and the resolution for ratification at the meeting of the management body held by the Defendant on November 1, 2017 is null and void.

Reasons

1. The following facts are either in dispute between the parties or in respect of Gap evidence Nos. 1 to 5, 7, 8, 10, 11 (if any, including each number; hereinafter the same shall apply), Eul evidence Nos. 1 and video, the whole purport of the pleadings, or are significant in this Court.

1) The building of this case (hereinafter referred to as “the building of this case”)

(2) The Defendant is a co-owner of the instant A-owned building with 35.9 square meters and 35.75 square meters and 14 square meters and 14 sectional owners, including the Plaintiff, under the following circumstances. The Defendant is a co-owner of the instant building with 35.9 square meters and 25.9 square meters and 32.89 square meters and 45 square meters and 39.75 square meters and 25.14 square meters and 15.14.14,000,000,000,000 14,000 and 32.5 square meters and 4,000,000,000 and 14,000,000 and 2,000,000 and 2,000,000 and 35.0,000 square meters and 1,000,00,000.

B. On April 16, 2017, the Defendant holds the first and second managing body meeting on April 16, 2017 and appoints C as a manager. ② The management rules such as the following contents (hereinafter “instant management rules”).

(3) A resolution was made against the Plaintiff, who commits an act contrary to the common interests of the sectional owners of the instant building, to take civil and criminal measures, such as filing an application for provisional disposition. The definition of the terms used in this Rule under Article 3 (Definition) of the Management Rules is as follows: (i) The term “sectional owner” means the owner of a common house, or the spouse or lineal ascendant or descendant representing the owner.

The voting rights of each sectional owner under Article 10 (Voting Rights) shall be in proportion to the area of the section for exclusive use owned by the sectional owner.

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