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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. The reasoning for the court's explanation of this case is as follows, except where the defendant added the following "2. Additional Judgment" to the argument that the court rendered in addition to this case, and therefore, it is consistent with the main sentence of Article 420 of the Civil Procedure Act.
2. Additional determination
A. On December 10, 2018, the gist of the Defendant’s assertion (hereinafter “instant resolution”) adopted a resolution to dismiss G from the manager and appoint F as a new manager at the temporary management body meeting (hereinafter “instant meeting”). However, the said resolution was unlawful because it did not satisfy the quorum for the following reasons.
Therefore, F cannot be viewed as a legitimate representative of the plaintiff.
① A sectional owner I of the H heading of the instant commercial building (the exclusive ownership area of 99.68 square meters) was directly present at the instant assembly.
However, the signature written in the column for consent of the written resolution at the time of the meeting of this case was made by other persons than I.
(On the other hand, while I has delegated F with the authority to appoint and dismiss a custodian, if a sectional owner directly participated at the meeting of this case, the power of delegation would lose its effect, so the delegation would lose its effect). Accordingly, the H portion should be excluded from the area of approval resolution.
② A sectional owner of the building of this case, K expressed his opinion in the column for consent, but omitted his signature.
However, at the assembly of this case, the chairperson designated a resolution to sign the resolution, and the above dissenting opinion violated the method of the resolution of this case.
Therefore, the above J part should be excluded from the area of approval resolution.
③ A sectional owner’s Ma of the building L of the instant commercial building is deemed to have exercised his/her voting right directly, but M did not participate in the instant assembly.
On the other hand, M shall appoint a manager to N.