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(영문) 서울중앙지방법원 2018.03.29 2017가합542791
임시관리단집회결의취소등청구의소
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

The following facts shall not be disputed between the parties, or may be recognized by considering the whole purport of the pleadings in each entry in Gap evidence 1 through 6 and Eul evidence 3 (including the branch numbers, if any):

The plaintiff is the owner of the 12th floor E among the 12th underground floor and Btel with the 18th floor above the ground in Mapo-gu Seoul Metropolitan Government (hereinafter referred to as "the instant officetel").

Under the Act on the Ownership and Management of Aggregate Buildings (hereinafter referred to as the " Aggregate Buildings Act"), the Defendant is the instant officetel which is an aggregate building, and the organization of sectional owners established for the purpose of implementing the project on the management of the site and its accessory facilities.

Although the instant officetel was completed on August 2002, the instant officetel was completed on or around August 2002, the management rules have not been enacted, and Nonparty F has de facto performed the role of the manager.

F on July 18, 2016, G was appointed by the general meeting of the defendant held on July 18, 2016 as a custodian.

However, some of the sectional owners of the instant officetel applied for a provisional disposition seeking suspension of the performance of duties and appointment of an acting manager against G as Seoul Western District Court 2016Kahap50381 on the grounds of the defect in the above appointment resolution. On December 15, 2016, the said court suspended G’s performance of duties until the judgment on the merits case, such as cancellation of the appointment of a custodian, and appointed attorney H as the Defendant’s acting manager on January 2, 2017.

Holding and appointing a general meeting and the appointment of an extraordinary general meeting

1. Time of holding: By April 28, 2017;

2. To subsequently determine the venue (after a court decision for the date, time, and place);

3. A building;

(a) Removal of a custodian from G;

(b) Appointment of an administrator;

C. The enactment of the management rules (the draft of the management rules can be amended through the public inspection by sectional owners), but the enactment of the management rules shall be accompanied by the consent of sectional owners up to 3/4 of sectional owners and 3/4 of voting rights pursuant to Article 29 of the Aggregate Buildings Act.

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