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(영문) 수원지방법원성남지원 2016.06.30 2015가합207200
관리단집회무효확인등
Text

1. All of the plaintiffs' claims against Defendant G are dismissed.

2. The plaintiffs' claim against defendant FF management body.

Reasons

1. Basic facts

A. The International Commercial Building Building (hereinafter “instant building”) is an aggregate building under the Act on the Ownership and Management of Aggregate Buildings, which is an underground 3 floors and a 4-story building on the ground in the area of 5,352 square meters in Seongbuk-gu, Sungnam-si (hereinafter “the instant building”).

B. The building of this case consists of five sections for exclusive use (No. 01, No. 01, No. 01, No. 21, No. 01, No. 301, and No. 01, and No. 41) for each floor from the first floor to the fourth floor above, and one sectional ownership registration for the entire section for exclusive use has been completed for each floor above, and the above section for exclusive use is owned by many people including the plaintiffs.

C. Co-owners of the instant building established the I Management Body to manage the instant building on October 25, 2012, and thereafter the name was changed to Defendant F Management Body.

(hereinafter “Defendant Management Body”). D.

Relevant parts of the Management Rules of the Aggregate Buildings Act and the instant building (amended by June 13, 2014; hereinafter “instant Management Rules”) are as follows:

Article 23 (Establishment, etc. of Managing Body) (1) If a sectional ownership relation is established for a building, the management body, the object of which is to carry out the business concerning the management of building, its site and attached facilities, consisting of all sectional owners.

(c) Where a number of sections for exclusive use is jointly owned, co-owners shall designate one person who exercises voting rights at the managing body's meeting;

Article 38 (Methods of Resolution) (1) Decision of the management body meeting shall be adopted by the majority of sectional owners and the majority of voting rights, unless otherwise prescribed by this Act or regulations.

(2) Voting rights shall be affixed either in writing or by electronic means (referring to an electronic data processing system or by other means prescribed by Presidential Decree using information and communications technology; hereinafter the same shall apply).

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