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(영문) 서울서부지방법원 2017.11.30 2017가합94
회장지휘부존재확인
Text

1. A resolution that the Defendant appointed D as the Chairperson on October 26, 2014 is invalid.

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

Reasons

1. Facts of recognition;

A. The Plaintiffs are co-owners of 98 households in Mapo-gu Seoul Metropolitan Government (hereinafter “instant aggregate building”), and the Defendant is a management body established by consisting of sectional owners of the instant aggregate building under the Act on Ownership and Management of Condominium Buildings (hereinafter “the Aggregate Buildings Act”).

B. On September 22, 2014, 37 of the sectional owners of the instant aggregate building (57 households) signed and sealed the written consent with the following contents.

C Promotion Committee for the instant aggregate building owner is not known with thickness.

Pursuant to Article 41 (2) of the Multi-Family Building Act, the purpose of this Act is to promote the common interest of the divided owners of buildings and contribute to the management and preservation of buildings, and it was organized by the managing body to resolve disadvantages and to ensure safe management of the owners and occupants due to aging.

On September 21, 2014, I held a meeting of promoters at Fcafeteria 4 p.m.

In order to organize a management body of the owners of the instant condominiums, cooperation shall be made.

C 105 G, 202 H, 401 I, 305 J, 806 K, 502 L, 508 M, 113, and D above management group.

C Name of Title C or personal contact information

C. On October 26, 2014, among sectional owners of the instant aggregate building, the meetings of the C management body promotion committee were held in the presence of N, D,O, G, P, L, Q, Q, R, S, and J. A resolution was made to elect D as the chairperson at the above meetings (hereinafter “instant resolution”). On November 10, 2014, the Defendant was issued a certificate of identification number with D’s representative.

The contents of the Defendant’s articles of association relating to the instant case are as follows, and the contents of the instant case are as stated in the Attached Form No. 2 Act.

[Articles of incorporation and the representative of the management body of Chapter 4 and the representative of the management body of Article 9 (Composition) are one representative at each floor at the general meeting of the management body.

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