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(영문) 서울중앙지방법원 2020.08.14 2019가합503172
임시총회결의무효확인 등 청구의 소
Text

1. Of the plaintiffs' lawsuits, the management body meeting of the plaintiffs with respect to C commercial buildings located in D and seven parcels of Seoul Jung-gu.

Reasons

1. Basic facts

A. 1) The instant commercial building is the Act on Ownership and Management of Condominium Buildings (hereinafter “Act on Ownership and Management of Condominium Buildings”).

(2) The defendant is the management body of the commercial building of this case, which consists of 6th underground and 11th ground. The defendant is the management body of the commercial building of this case.

3) Plaintiff A: (a) was additionally acquired after the resolution of appointment of a joint manager of the instant commercial building after examining the instant subparagraphs G through H, I, J, K, L, M, M, O, P, Q. However, the Plaintiff was additionally acquired after the resolution of appointment of a joint manager of the instant commercial building; (b) the Plaintiffs are jointly owned in the proportion of 1/2 shares, respectively; (b) the existing manager of the instant commercial building was dismissed from the position of a custodian on February 28, 2018 in accordance with the court’s dismissal ruling on February 28, 2018; and (c) thereafter, the Plaintiff was in the position of a joint manager of the instant commercial building.

2) Therefore, the Defendant (WW of the Preparatory Committee for Temporary Assembly) on May 24, 2018, refers to a notice for temporary convocation of a meeting (hereinafter “the notice for temporary convocation of a meeting of this case”) stating “cases concerning the appointment of a manager” as an agenda item.

The notice for convening a temporary assembly was included in the following contents:

Notice of Temporary Assembly Calling

1. Date and time of assembly: 30 p.m. 2 p.m. on July 7, 2018;

2. Place of assembly: A theater for juveniles of the first floor underground of a X training center;

3. Agenda items: Cases concerning the appointment of the receiver.

4.Resolution (Article 38 of the Aggregate Buildings Act) - Resolution on the appointment of a manager is made. 5. Resolution on the appointment of a manager is made by a majority of the sectional owners and a majority of voting rights.

The registration application period: May 30, 2018 to June 7, 2018.

Documents to be submitted: A written application for candidate registration, a letter of recommendation of candidates (at least 10 sectional owners) (hereinafter referred to as 3 omitted), the defendant (temporary assembly) thereafter.

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