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(영문) 서울북부지방법원 2019.07.11 2018가합88
관리단결의 취소
Text

1. Of the instant lawsuits, the members of the management committee and the management committee organized by the Defendant at the managing body meeting on July 8, 2017.

Reasons

1. Basic facts

A. The defendant managing body is a managing body composed of sectional owners of the building C, an aggregate building located in Seongbuk-gu Seoul Metropolitan Government (hereinafter “instant building”). The plaintiff A is a sectional owner of the building E, F, and G (hereinafter “the section for exclusive use of the instant building”) among the instant buildings, and the plaintiff B (hereinafter “the plaintiff company”) is a sectional owner of H, who is a sectional owner of the building of this case.

B. On July 8, 2017, Defendant managing body: (a) the establishment of management rules around 20:0 on July 8, 2017 (the first agenda); (b) the election of the chairperson of the management body (the second agenda); and (c) the temporary management body meeting subject to the election of the members of the management body (the third agenda) (hereinafter referred to as “first managing body’s meeting”).

(1) As to the establishment of the management rules, ① the number of participants falls short of the quorum for the enactment of the management rules (at least 3/4 of sectional owners and at least 3/4 of voting rights), the first voting was held and the number of persons falling short thereof was required to obtain a separate written consent. ② As to the case of the election of the management committee chairperson, the resolution was adopted to elect a single number of recommended I as the management committee chairperson. ③ As for the case of the election of the management committee members, the resolution was adopted to elect the members of the management committee as the members of the management committee (hereinafter referred to as the “resolution 1”).

(2) On July 28, 2017, Defendant managing body publicly announced the result of the meeting of the first managing body as above, and the foregoing public announcement is written with the attendance of 32 persons (54.24% of sectional owners, and 61.68% of voting rights) including the mandators among 59 sectional owners at the first managing body meeting, and all of the members present at each of the above items are written with the consent of all the members present at the meeting.

C. On November 16, 2017, the Defendant managing body appointed the Plaintiff Company as the manager on July 8, 2017, after the application for temporary disposition such as the suspension of management action, etc. and the decision of dismissal.

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