(영문) 수원지방법원 2017.02.09 2016가단506485

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(영문) 수원지방법원 2017.02.09 2016가단506485

건물인도 청구의 소

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1. The plaintiff Telecommunication's lawsuit shall be dismissed.

2. The defendant shall attach attached Form 1 to the rest of the plaintiffs except for the plaintiff in paragraph (1).

Reasons

1. Judgment on the defendant's main defense

A. On November 21, 2015, 2015, the management body meeting of T (which was composed of officetels and commercial buildings, and which was hereinafter “instant building”) located in C (which was referred to as “the instant assembly”) was convened by an unauthorized person in violation of the convocation procedure prescribed in the Act on Ownership and Management of Condominium Buildings (hereinafter “the Act”) and was convened by deception by the host party, and did not meet the quorum necessary for the appointment of a manager under the said Act, and thus U does not legally represent the Plaintiff T (hereinafter “Plaintiff T (hereinafter “Plaintiff T”) management body”).

B. Determination 1) The registration for the preservation of ownership of the instant building was completed on December 18, 2013, but a legitimate manager was not appointed because a legitimate management body meeting was not convened for the formation of the management body and the enactment of the management rules prior to the instant assembly.

Agenda: The head of the management body and the appointed managing member of the Ttel/ commercial building shall agree to the establishment of the management body, the contents of the acceptance, Ttel and commercial building, and shall delegate the attendance and voting rights of the general meeting for the establishment of the management body to the above delegated person.

B) 507 sectional owners of the instant building are the 507 sectional owners of the instant building, and the area of the entire section for exclusive use is 4908m2. U is the 4908m2 from 292 sectional owners of the instant building, who are the 292 sectional owners of the instant building (hereinafter referred to as “instant delegation of delegation”).

c) The 19 members, including U, were present at the instant assembly after being issued with the process, and the sectional owners except U, who agreed to appoint U as the manager, are as listed below.

The name of the table, the section of exclusive use.

참조조문

-집합건물의 소유 및 관리에 관한 법률

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