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(영문) 수원지방법원 안산지원 2018.11.15 2017가합9272
관리단임시총회결의무효확인 등
Text

1. Of the instant lawsuit, the Defendant appointed the Intervenor B as the manager at the extraordinary meeting of the management body on April 28, 2017.

Reasons

1. Basic facts

A. The plaintiffs are the parties 1) A, an aggregate building located in Ansan-gu, A (hereinafter referred to as the "instant building") in Ansan-si.

A) The Defendant is a sectional owner of the instant building, and the Act on the Ownership and Management of Aggregate Buildings (hereinafter “Act on the Ownership and Management of Aggregate Buildings”) concerning the instant building.

2) The Defendant’s Intervenor B is a person elected by the Defendant’s administrator (the president of the occupant representative committee) at the extraordinary meeting of the management body held by the Defendant on April 28, 2017, and the Defendant’s Intervenor B is a person elected by the Defendant as a managing member (representative) at the extraordinary meeting of the management body held by the Defendant on June 27, 2017.

B. On April 28, 2017, the Defendant held an extraordinary general meeting on April 28, 2017 and passed a resolution to select B as the Defendant’s custodian with the consent of 21,620.1 square meters of the total voting area, 55.6% of the 55.6% of the total voting area. (2) On June 27, 2017, the Defendant held an extraordinary general meeting on June 27, 2017 and passed a resolution with the consent of 5.1% of the total voting area of B, 54.2% of the total voting area (22,026.10 square meters of voting rights) with the consent of 5.1% of the total voting area of B, 54.2%, G with the consent of 54.7%, i, 54.7% E with the consent of 54.4%, c. 55.4% with the consent of 54.2% with the consent of 54.54%, 54.54% of the management members.

3) Meanwhile, the sectional owners of the instant building filed an application against B for a provisional disposition suspending the performance of their duties against B as the Suwon District Court Branch Branch Branch 2017Kahap10029, and the said court rendered a provisional disposition ordering B to suspend the performance of duties as the Defendant manager of B on September 22, 2017. Upon the application of the sectional owners of the instant building, the court rendered a decision to appoint a lawyer L as the Defendant’s temporary manager on January 26, 2018 (U.S. District Court Ansan Branch 2017 non-hap4018c).

The management rules of the building of this case are amended on October 1, 2010 by the defendant.

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