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(영문) 서울서부지방법원 2015.05.07 2014가합3771
관리단총회결의무효
Text

1. Of the plaintiffs' primary claims, the plaintiffs' request for confirmation of the absence or invalidation of the resolution of the management body meeting on September 25, 2013.

Reasons

Basic Facts

Plaintiff

A (hereinafter referred to as the “Plaintiff’s Private Teaching Institutes”) is a sectional owner of Mapo-gu Seoul Metropolitan Government (hereinafter referred to as the “instant building”) 401, 501 through 506, 601, 701, 101, 1101, 1201, 1301, and 1301, and the Plaintiff’s Incorporated Foundation B (hereinafter referred to as the “Plaintiff’s Foundation”) is a sectional owner of the instant building 801 and 901.

The defendant is a management body established with all sectional owners of the building of this case as members under the Act on the Ownership and Management of Aggregate Buildings (hereinafter referred to as the "Aggregate Buildings Act").

On the other hand, the sectional owner, the section for exclusive use and the section for exclusive use of the instant building are as indicated in the attached Table 1, the section for exclusive use and the section for exclusive use.

From among the Defendant’s former manager E and the sectional owners of the instant building, the F. H, I, J, D, etc. (hereinafter “E, etc.”) decided to appoint D as the manager on September 3, 2013 by holding a temporary representative meeting of the sectional owners of the instant building (hereinafter “temporary representative meeting”) and held the Defendant on September 25, 2013 to elect the Defendant’s manager and the Defendant’s executive officers.

E, etc., under the name of the temporary representative meeting on September 11, 2013, notified the sectional owners of the instant building of the convocation of a management body meeting on September 25, 2013 (hereinafter “instant meeting”) to elect Defendant manager and executive officers.

(hereinafter “the instant muster notice”). The main contents of the instant muster notice are as follows.

5. At a temporary representative meeting on September 3, 2013 (Tr. 15:00, N. D (C. 1904) substituted D (C. 1904) as Defendant Manager (Chairperson of Management Body).

7. The principal time is to prepare a written resolution and a written consent letter at the temporary management body meeting of the instant building in 2013, which was enclosed at the time of the instant assembly, and to send by mail or facsimile until September 23, 2013.

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