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(영문) 인천지방법원 2018.05.25 2017가합57522
관리단 집회결의 취소청구의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a sectional owner of the fifth floor of the Seo-gu Incheon Metropolitan Government Condominium (hereinafter “the instant condominium”) and the Defendant is an organization established with all sectional owners of the said building as its members for the purpose of managing the instant condominium.

B. 1) The process of enacting the management rules is 1) The E Co., Ltd., a seller of the instant condominium building (hereinafter “E”).

The Act on the Ownership and Management of Aggregate Buildings (hereinafter referred to as the "Act on the Ownership and Management of Aggregate Buildings")

(2) Article 28(4) of the Building Management Rules (hereinafter “instant Management Rules”) shall be referred to as “the instant Management Rules”).

(B) A corporation was established and entered into a management service agreement on the instant aggregate building with F corporation, and F corporation was incorporated with G corporation (hereinafter “G”).

(2) The buyer and G agreed to the management rules of the instant condominium in writing upon entering into the said building management contract. The buyer and the buyer agreed to the management rules of the instant aggregate building individually while selling the instant aggregate building.

3) The main contents of the instant management rules concerning the appointment, etc. of managers are as follows.

1. Each sectional owner shall have voting rights according to his/her share held by him/her, but shall be the sum of each sectional ownership owned by the same tenant;

(Provided, That if the share reaches the equilibrium of the calculation criteria for resolution by agreement by a sectional owner with a reference or lower-level sectional owner, the representative may be selected and the voting right may be exercised on behalf of the representative).

4. With respect to other general matters not fixed, resolutions shall be adopted with the consent of a majority of the total voting rights of sectional owners present.

Although paragraph 3 is stipulated, it seems to be a clerical error in paragraph 4.

Article 15 (Manager and Executive Officers of Managing Body)

1. (Appointment of Custodians) The administrator shall be appointed;

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