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(영문) 인천지방법원부천지원 2020.09.09 2019가합967
관리단총회결의무효확인
Text

Among the instant lawsuits, the part of the claim for nullification of the resolution of the management body's general meeting on November 10, 2019 shall be dismissed.

The defendant on October 5, 2019.

Reasons

1. Basic facts

A. The Defendant is a management body composed of sectional owners for the management of the building in Bupyeong-si C (hereinafter “instant building”). The Plaintiff is a company that newly built and sold the instant building, and is a sectional owner who owns part of the shares in D, E, F, G, H, I, and J among the instant building.

B. On October 5, 2019, the Defendant held an extraordinary general meeting of the management body (hereinafter “instant extraordinary meeting”) and resolved to approve the agenda indicated in the attached Table 1 (hereinafter “instant resolution”).

C. At the time of holding the instant special meeting, the Plaintiff owned a total of 5,497.4975 square meters (No. 115.91 square meters E, 721.975 square meters 725 square meters 721.94.9475 square meters G, 994.9475 square meters 96.66 square meters among 1664.5 square meters 1,664.5 square meters 1, 1708.215/215, among 1708 square meters 175.725 square meters 1708.215 square meters in attached Table 2.

The main contents of the instant building management rules made around October 2017 (hereinafter referred to as the “instant rules”) are as follows:

Article 39 (Persons Authorized to Convene Management Rules) (3) The administrator shall take procedures for convening a notice of convening a meeting within one week from the date of request, which shall be within two weeks from the date of request:

1. Where one fifth or more of the sectional owners request the convocation of a managing body's meeting, specifying the purpose of the meeting. (4) Notwithstanding paragraph (3), if the manager fails to take the procedure for convening the managing body's meeting within one week, the sectional owners, managing members, and auditors who have requested the convocation may convene the managing body's meeting with the permission of the

Article 40 (Procedures for Convocation) (1) In order to convene a meeting of the management body, the manager shall give notice to each sectional owner at least one week prior to the date of the management body meeting, which shall be easy for sectional owners:

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