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1. All of the plaintiffs' claims are dismissed.
2. The costs of the lawsuit shall include costs resulting from the participation.
Reasons
Basic Facts
The Do Officetel in Seongbuk-gu, Sungnam-si (hereinafter referred to as the “instant Officetel”) is an aggregate building consisting of six or more households in total (five or more officetels and five commercial buildings), 2,12 households.
The Plaintiffs are the sectional owners of the instant officetels, and the Defendant is the management committee of the instant officetels.
According to the instant officetel management rules (hereinafter “the instant management rules”), a management committee comprised of sectional owners shall be established for the management of the instant officetels (Article 4(1)); the management committee shall be comprised of at least three members for each Dong, at least 18, but not exceeding 25 members for each Dong (Article 15(1)); and the management committee shall be appointed with the consent of the majority of the occupants at least a majority of the occupants present at each Dong, but at least two times of election shall not be elected with the consent of the majority of the board of directors.”
(Article 15(3). On November 1, 2017, the Defendant organized an election commission to elect management members of the total number of 18 members on the election of 3 members from each Dong and 15 members on the election of management members. The Defendant held a special general meeting on December 6, 2017 and counted the vote on election of management members from November 23, 2017 to December 6, 2017, but failed to elect management members on account of the voting rate and the quorum.
In other words, the Defendant, from December 14, 2017 to December 22, 2017, issued the voting for the election of managing members, and thereafter, on December 22, 2017, the Defendant held an extraordinary general meeting (hereinafter “instant extraordinary general meeting”). On the commercial building building, 132 of 211 occupants, the Defendant’s Intervenor E vote, 100, 100, and 81 of the Intervenor’s Intervenor G, respectively, obtained a resolution from the Defendant to select the Intervenor as managing members of the commercial building Dong (hereinafter “resolution for the instant extraordinary general meeting”).
On the other hand, five other officetels at the time of the instant special general meeting shall not be held.