logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.08.18 2015가합534871 (1)
임시관리단집회결의무효확인등
Text

1. The plaintiffs' primary and conjunctive claims are all dismissed.

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

Reasons

1. Basic facts

A. The Jung-gu Seoul Special Metropolitan City A commercial building (hereinafter “instant commercial building”) is an aggregate building of about 1,878 divided stores subject to sectional ownership, the aggregate total management area of about 42,595.9 meters, and the 6th floor above ground and the 15th floor above ground, and the plaintiffs are sectional owners of the instant commercial building.

The defendant is a management body under the Act on the Ownership and Management of Aggregate Buildings (hereinafter referred to as the "Aggregate Buildings Act") composed of the sectional owners of the commercial building in this case.

B. On February 5, 2014, the 373 sectional owners of the instant commercial building centering around D filed a claim with the temporary manager E for the convocation of a temporary management body meeting for the purpose of the meeting to appoint the F, a sectional owner of the instant commercial building, as the Defendant’s manager.

However, the temporary administrator E did not accept the above request for convocation.

C. Accordingly, the above sectional owners (373) applied for permission to convene an extraordinary management body meeting as the Seoul Central District Court 2014 non-conforming75 with D as the representative convocation right holder. On August 27, 2014, the above court decided to grant permission to convene an extraordinary management body meeting from the above court to the effect that “the Defendant’s temporary management body meeting for the purpose of meeting the appointment of F manager is permitted.”

The provisional administrator E, who is dissatisfied with the above decision of permission, was a special appeal to the Supreme Court No. 2014Da283, but the above decision of permission was finalized on the same day after being dismissed on February 16, 2015.

D On March 25, 2015, a notice for convening a temporary meeting of the management body was given to the sectional owners and lessees of the instant commercial building, and the main contents thereof are as follows.

1. Date and time: April 3, 2015;

2. Place: The C Lieutenant of building B in Jung-gu, Seoul, 8;

3. Persons eligible for attendance: (1) Persons holding sectional ownership as of March 25, 2015, who are occupants, such as shop occupants, lessee, etc. as of March 25, 2015.

4. Item for agenda: Cases of appointing a manager of subparagraph 2 for the election of the Speaker pro tempore pro tempore under subparagraph 1.

5. Inquiries: Representative D (G, H).

6. Direct voting rights by exercising voting rights (such as required documents).

arrow