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(영문) 대전지방법원 2014.05.29 2013가합100952 (1)
집회결의무효확인
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The plaintiffs are sectional owners of the Seo-gu Daejeon District Office Ctel buildings (hereinafter "the building of this case"), and the defendant is a management body composed of all sectional owners under the Act on Ownership and Management of Condominium Buildings for the management and operation of the building of this case (hereinafter "the Act on Ownership and Management of Condominium Buildings").

B. On February 27, 2013, the provisional management body meeting of the instant building (hereinafter “temporary management body meeting”) was convened and resolved 1) the Defendant appointed D as a manager at the temporary management body meeting of the Defendant on September 15, 2010. On December 18, 2012, the judgment (Seoul High Court Decision 2012Na2406) rendered that the said appointment resolution was null and void because it did not meet the quorum. (2) At that time, on February 15, 2013, 61 of the total sectional owners of the instant building, at the same time, notified the sectional owners of the instant building of convening a temporary management body by designating a new manager, etc. as the agenda item.

3) As a result, a temporary management body meeting was held on February 27, 2013. At this meeting, E was a sole candidate, and the voting was held by 128 persons (including the exercise of voting rights by delegation) among 232 persons, who participated in the voting, appointed E to the Defendant’s custodian by obtaining 126 votes, excluding the invalid 2 votes out of the total voting number 128 votes. A resolution was adopted at the temporary management body meeting of this case with respect to each item listed in attached Tables 2 through 3 following the resolution of appointment of the custodian (hereinafter “instant resolution”).

(C) The regular management body meeting of the instant management body (hereinafter “instant management body meeting”) dated February 27, 2014

1) The Plaintiffs filed the instant lawsuit seeking confirmation of invalidity of the temporary resolution of the management body meeting held on February 27, 2013, and the Defendant’s custodian against the sectional owners of the instant building on February 14, 2014.

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