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(영문) 부산고등법원 2017.10.26 2016나55684
대표권부존재확인
Text

1. The plaintiffs' appeal and the preliminary claims added in the trial are all dismissed.

2. After an appeal is filed.

Reasons

1. Basic facts

A. The parties concerned are non-corporate groups organized for the win-win and development of the owners and users of the 10th floor above the 2nd floor underground in Busan Northern-gu E (hereinafter “instant commercial building”).

The Plaintiffs are co-owners of 1/2 shares in the instant commercial building Nos. 801, 901, and 1001 (hereinafter “instant partitioned building”).

B. The Plaintiffs acquired ownership 1) The Plaintiffs purchased the instant partitioned building in a voluntary auction procedure and completed the registration of ownership transfer with respect to each of 1/2 shares on February 27, 2012, and received delivery of the instant partitioned building on May 2, 2012. (2) On July 11, 2012, the Plaintiff reported the business of public bath business to the North-gu Busan Metropolitan Government Office on July 11, 2012.

C. On January 28, 2015, the Defendant elected D’s president, who had been operating a private teaching institute under subparagraph 4, 5, and 602 of the instant commercial building at the ordinary meeting of shareholders on January 28, 2015 (at the same time, the owner of each of the said commercial buildings was the H of D.

2) D) On March 30, 2016, D completed the registration of ownership transfer on the portion of the instant commercial building No. 602-1/2.

3) On June 21, 2016, the Defendant: (a) held an extraordinary general meeting and re-entered D with the consent of all sectional owners and lessees other than the Plaintiffs; and (b) ratified all acts of the president elected prior to the said extraordinary meeting. (c) On February 7, 2017, the Defendant held an ordinary meeting; and (d) approved the sectional owners or lessees of the instant commercial building by directly attending the ordinary meeting or by submitting prior written consent as indicated below, and re-rout D as the president.

(1) The Plaintiff submitted the lessee’s consent to the Plaintiff on November 86, 101, and submitted the lessee’s consent to the Plaintiff on Nov. 86, 102, 1904, and submitted the lessee’s consent to the Plaintiff on Nov. 86, 103.11.86, the Plaintiff submitted the Plaintiff’s consent to the Plaintiff on Nov. 86, 201.

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