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(영문) 수원지방법원안산지원 2019.05.13 2018가합7549
번영회결의무효확인
Text

1. A resolution that the Defendant, on April 18, 2018, appointed C as the president at the general meeting, is invalid.

2. The costs of lawsuit shall be.

Reasons

1. Facts of recognition;

A. B building (hereinafter “the instant aggregate building”) is an aggregate building of 405 units of stores constructed on the ground of 5 underground and 7th floor above the ground in Ansan-si, Ansan-si. The Plaintiff is a sectional owner E of the instant aggregate building, and the Defendant is an organization composed of sectional owners of the instant aggregate building and residents.

B. On May 9, 2016, the management committee of the instant aggregate building, owned C (the chairperson of the Defendant from March 2016 to March 2018), was exempted from management expenses for common areas for February 2016 and March 2016, and a resolution for adjustment of management expenses (hereinafter “resolution for adjustment of management expenses of this case”) to impose only management expenses for exclusive areas for exclusive use (hereinafter “resolution”).

Accordingly, C was refunded KRW 3,476,510 in total as management expenses for common areas for February of 2016 and March of 2016.

C. On June 8, 2016, a resolution was made to reduce the full amount of the management fees, such as F, etc., of the instant aggregate building management committee (hereinafter “instant resolution for exemption from late payment charges”). D.

On April 18, 2018, at the general meeting of the Defendant, a resolution was made to re-appoint C as the president (hereinafter “instant general meeting resolution”).

E. The main contents of the instant management rules of the aggregate building (hereinafter “instant management rules”) are as shown in the attached Form.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 1 (including branch numbers; hereinafter the same shall apply) and the purport of whole pleadings

2. Determination

A. The purport of the management rules of this case is to limit the eligibility of the Defendant and the president of the management committee of the instant aggregate building to “shall not be delinquent in management expenses at the time of departure” (Article 26(1)(b). The above president manages the instant aggregate building and performs overall duties of managing the rights and obligations of all sectional owners and lessees concerning the management of the instant aggregate building.

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