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(영문) 전주지방법원 2017.05.31 2016나4726
관리비
Text

1. The judgment of the first instance court, including the claims expanded and reduced in this court, shall be amended as follows:

In this case.

Reasons

1. Basic facts

A. On April 15, 1995, the Plaintiff is an organization established with the sectional owners, lessees, etc. of the instant commercial building as its members for the purpose of the management, etc. of the Dongdaemun-gu Seoul Special Metropolitan City A commercial building (hereinafter “instant commercial building”), and is performing the business of managing the instant commercial building and collecting management expenses.

B. On March 12, 2009, the Defendant entered into a lease agreement with C, setting the lease deposit amount of KRW 690,000,000 and the term of lease of KRW 60 months from March 24, 2009 to March 23, 2014.

After that, on June 1, 2009, the defendant allowed D to use the store of this case under the condition that it bears all expenses such as management expenses.

C. On October 13, 2012, the Plaintiff held an extraordinary general meeting and resolved to select B as the president, who is the representative of the Plaintiff.

B On February 4, 2016, the Jeonju District Court 2016B was appointed as the temporary director of the Plaintiff.

E. B around March 16, 2016, around 2016, notified the Plaintiff’s 225 members (163 members, associate members, 62 members) to the effect that an extraordinary general meeting (hereinafter “instant extraordinary general meeting”) is held at the meeting room on March 16, 2016. Around March 16, 2016, B dispatched B as the Plaintiff’s representative with the attendance and consent of 122 members (76 members, associate members, 46 members) from among the entire members of the instant special meeting held at the same time and at the same place. A resolution was adopted to confirm the procedural acts conducted by B as the Plaintiff’s representative.

F. Of the Plaintiff members, 27 members (sectional owners) and 5 associate members (Lessees) were submitted only the power of attorney in the form described below and did not attend the special meeting of this case.

The principal agrees and delegates to all the resolution of the special general meeting of March 16, 2016.

name of the number of units to be sold;

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