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(영문) 서울동부지방법원 2016.09.23 2016가합392
공동주택대표회의결의무효확인 등
Text

1. The Plaintiff’s lawsuit against Defendant C, D, and Han Young Partners Co., Ltd. and Defendant B apartment.

Reasons

1. Basic facts

A. Status 1 of the parties is the Songpa-gu Seoul Metropolitan Government B apartment (hereinafter “instant apartment”).

) A collective housing consisting of 9 units in total from 201 to 209 units. Of them, 201 to 206 units, 209 units among them are the Seoul Special Metropolitan City Espaz Corporation (hereinafter “SH Corporation”).

(2) The Defendant’s representative consisting of three representatives of the instant apartment units (one person for the 201,205 constituency, for the 202, 209 constituency, for the 203, 204, and 206 constituency) pursuant to the management rules prior to the enactment of May 9, 2013 and amendment on August 1, 2015 (hereinafter “former management rules”); four representatives of the general apartment units (one for the 1 and 2Ra constituency, for 207, for the 207, for the 207, for the 3 and 4Ra constituency, for the 207, for the 208, for the 208, for the 208, for each election district) and for the 3 and 44, for the 208, for the 208, for each apartment units recommended by the SH Corporation.

3) The Plaintiff is the council of lessees’ representatives (hereinafter “council of lessees’ representatives”) comprised of the representative of the same representative and the occupant of rental housing, among rental housing (hereinafter “council of lessees’ representatives”).

(4) The defendant C is the co-representative of the council of occupants' representatives consisting of the president of the council of occupants' representatives and the occupants of the defendant representative meeting, the general unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit unit

B. On September 2, 2015, Defendant C convened an extraordinary meeting of the council of occupants’ representatives by determining the date and time as “case on September 7, 2015 (the date and time) and the agenda as “case on the re-contract of the entrusted management company”. Defendant C calls an extraordinary meeting of the council of occupants’ representatives on September 7, 2015. Defendant C attends the meeting of Defendant D and E, the representative of the general house of sale.

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