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(영문) 대전고등법원(청주) 2015.04.28 2014나20425
관리단집회결의무효확인
Text

1. The defendant's appeal is all dismissed.

2. The costs of appeal shall be borne by the Defendant.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The plaintiffs, the defendant's status, and the management rules of the defendant, etc. 1) The plaintiffs and G are divided into 39 separate stores, which are the Fash (the underground first and seventh floors, which are the apartment buildings of the underground first and seventh floors, and the preservation registration was completed on or around June 2003.

hereinafter referred to as “instant building”

The defendant is a sectional owner of the aggregate building act, and the defendant is the Act on the Ownership and Management of Aggregate Buildings (hereinafter referred to as the "Aggregate Buildings Act").

Pursuant to the foregoing, the sectional owners of the instant building (hereinafter referred to as “sectional owners”) are only the sectional owners of the instant building.

2) The main contents of the Defendant’s management rules are as follows.

Article 4 (Composition) This Management Body shall be composed of all sectional owners holding ownership in the Flwork Building, and shall be disqualified when the ownership is lost.

Article 16 (Assembly)

1. The assembly shall be divided into a regular assembly and a temporary assembly;

2. Regular assemblies shall be convened by the receiver in February each year;

3. A temporary meeting shall be convened when the manager is deemed necessary, or when the sectional owner or a person who has at least one fifth of all voting rights requests the convocation of the meeting, specifying the purpose of the meeting, or when the manager demands by resolution of the Custodial Committee the convocation of the meeting;

4. In principle, an assembly shall be comprised of at least a majority of voting rights under Article 18;

Article 18 (Exercise of Voting Rights)

1. Voting rights shall be based on the ratio of the area owned by each sectional owner;

3. Voting rights may be exercised in writing or by proxy, and in such cases, each Subdivision owner shall, in advance, designate one of them as his/her agent, and submit the documents required to certify his/her power of representation to the administrator by the day before the meeting is held.

Article 19 (Matters for Decision)

1. Establishment, amendment or repeal of the management rules and management rules;

5. Appointment and dismissal of executive officers of a managing body: Article 20;

1. The resolution of the management body meeting shall be adopted except as otherwise provided for in the regulations; and

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