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(영문) 광주지방법원 2020.09.25 2020가합51636
관리단집회결의부존재확인
Text

1. The plaintiff's main claim is dismissed.

2.Annexed at the meetings of the Provisional Management Body held on February 6, 2020.

Reasons

1. Basic facts

A. The plaintiffs are co-owners of the Seo-gu in Gwangju, Seo-gu (hereinafter "the instant aggregate building"), and the defendant is the management body of the instant aggregate building as provided by the Act on Ownership and Management of Condominium Buildings (hereinafter "the Condominium Act").

B. On February 26, 2016, the manager of the instant aggregate building and the Management Rules, Inc. F (hereinafter “F”) were appointed as the manager of the instant aggregate building, and the term of office of the manager was expired on February 26, 2018 pursuant to Article 24(2) of the Aggregate Buildings Act.

However, because the defendant did not appoint a successor manager, the FF continued to perform the duties of the administrator.

Around 2003, the Defendant enacted the management rules of the instant condominium, and on December 11, 2008, at the first managing body’s general meeting, enacted the H management rules by a new management rules, but failed to meet the quorum.

Since then, H Management Rules were partially amended, and I Management Rules were enacted, and written resolution was passed by obtaining signatures from the sectional owners of the instant condominium building in the management rules, but this resolution did not meet the quorum prescribed in the Act on the Ownership of Aggregate Buildings.

(B) The decision that the aggregate building of this case was null and void due to the failure to meet the quorum set forth in the Act on the Ownership and Management of Aggregate Buildings (Seoul District Court Decision 2012Gahap52405, Gwangju High Court Decision 2013Na10870). The defendant revised the I management rules, and enacted the J management rules and made a written resolution, and accordingly, managed the aggregate building of this case.

At present, there is no management rules to be applied effectively to the aggregate building of this case.

C. On January 14, 2020, F Co., Ltd. of the instant management body meeting announced the convocation of the 12th extraordinary management body meeting (hereinafter “instant management body meeting”) and notified sectional owners of the convocation.

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