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1. Of the judgment of the court of first instance, the part against the Defendants, the Defendant (Appointed Party) AE, and the Appointed AF shall be revoked, and that part shall be revoked.
Reasons
1. Basic facts
A. The plaintiffs are part of the sectional owners of AH building listed in the attached Table 2 list of real estate (hereinafter referred to as “instant commercial building”), and the aggregate of the ownership ratio of the instant commercial building site (2,506m2,506m2) according to the ratio of the area of the entire building owned by the plaintiffs is as shown in the attached Table 3 “share ratio” column.
B. On July 15, 2011, a regular general meeting (hereinafter “instant general meeting”) of the AI members’ shop owners’ conference (hereinafter “the instant council”) comprised of sectional owners of the instant commercial buildings was held. The agenda of the instant general meeting was a ratification of the amended articles of association of the instant council, a case of election of executives, and a case of the removal and maintenance of the parking lot facilities and the heating and heating cooperative facilities of the fifth underground floor.
C. At the time of the instant general assembly, the number of sectional owners, who are members of the instant council, was 102 persons, and the area corresponding to the voting rights was 2,506.4 square meters, and the general assembly of this case was 24 members, and six lineal ascendants and descendants and spouses delegated by the members, were present, and the power of attorney was submitted.
U asserted that he is the chairperson of the instant general meeting and carried out the instant general meeting as the chair of the instant general meeting. As one agenda, the following cases were presented in order: (a) ratification of the amended articles of association; (b) election of executive officers as two agenda items; (c) improvement of parking lot facilities as well as removal and maintenance of air conditioners and heating facilities on the five underground floor with three agenda items (hereinafter “instant agenda items”); and (d) calculation of a quorum is 93 persons if a quorum is calculated except for the members who were 102 members, who were not contacted and went missing; and (e) 76 members who participated in the instant general meeting or submitted power of attorney did not raise an objection in writing against the amended articles of association; and (b) election of executive officers.