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(영문) 수원지방법원 안양지원 2018.11.23 2017가합104397
임시관리단집회결의 무효확인
Text

1. The provisional resolution of the management body meeting held on July 2, 2017 by the Defendant is invalid.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

Basic Facts

The plaintiff is a sectional owner of the Gu B (hereinafter referred to as the "the building in this case") during Ansan-si, and the defendant is a management body established by consisting of sectional owners of the building in this case according to the provisions of the Act on Ownership and Management of Condominium Buildings (hereinafter referred to as the "Aggregate Buildings Act").

The sectional owners of the instant building are 38 persons in total, 124,171 square meters in size (hereinafter the decimal point). On June 19, 2017, the Defendant posted a notice of convening a temporary management body meeting on July 11, 2017, by making the case of appointing a manager as an agenda item at the meeting, by posting a notice of convening a temporary management body meeting on the public notice bulletin board and website of the instant building.

On July 2, 2017, the Defendant: (a) held a temporary management body meeting (hereinafter referred to as “instant meeting”); (b) on the first floor of the instant building, the lower court declared that C was appointed as the Defendant’s manager by way of a written resolution (hereinafter referred to as “instant written resolution”) specifying the sectional owners’ 338 persons (173 persons (51.2%) among the 338 persons, the size of 52.8%, and the size of the area, and the size of which are more than a majority, without counting the list of those voting at the site or aggregating the list of the written resolution submitted by the Plaintiff.

(hereinafter referred to as the "resolution of this case"). [The ground for recognition] The statement in Gap evidence Nos. 1 through 4, 6, 7, 9, 14 through 16, Eul evidence Nos. 1 through 6, 8, 9, and Eul evidence Nos. 1 through 6, 9, and the summary of Gap evidence No. 5's argument as to the purport of the whole video and pleading No. 5, the defendant's decision to appoint Eul from the assembly of this case to the administrator is null and void since there are the following defects.

According to Article 34 (1) of the Aggregate Buildings Act, the notice of convening the meeting of this case shall be given to each sectional owner by specifying the purpose of the meeting at least one week prior to the date of the management body meeting.

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