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(영문) 서울중앙지방법원 2014.12.04 2014가합536603
총회결의취소
Text

1. Of the instant lawsuit, a resolution to appoint directors C, D, and E as directors among the attached list Nos. 1 and the attached list No. 2.

Reasons

1. Basic facts

A. The Defendant is a management body under the Act on the Ownership and Management of Aggregate Buildings (hereinafter “the Act”) composed of sectional owners of the building B located in the same Gu G non-dong located in Gangnam-gu Seoul Metropolitan Government (hereinafter “instant building”). According to Article 22 of the Defendant’s Rules (hereinafter “Rules”), the sectional owners of the instant building may exercise their voting rights according to the Defendant’s general assembly’s share ratio. However, if the share ratio exceeds 5% in total, the portion exceeding 5% has no voting rights, and the sectional owners shall exercise their voting rights according to the occupancy area ratio (5% if the ownership exceeds 5%) except for the matters related only to the ownership.

Meanwhile, the total number of voting rights of the building of this case is 28,545.77.

B. On July 30, 2012, the Plaintiff Han Asset Trust Co., Ltd.: (a) entrusted No. 101, 102, 201, 202, 202, and 202 of the building of this case (applicable to 199.73 out of the total voting rights of the building of this case); (b) completed the registration of ownership transfer on the same date; (c) on March 27, 2013, H and I (the Plaintiff owned 3,31.53 out of the total voting rights of the building of this case; hereinafter “H, etc.”) (the total voting rights of the building of this case), which are co-owners of the building of this case, and completed the registration of ownership transfer on the same date. (d) The Plaintiff Co-owner No. 1, 213, 218, 214, 2167, 216, 207, 206.

C. On April 10, 2014, the Defendant: (a) as indicated in the attached list to the sectional owners of the instant building on April 10, 2014, the case of appointing executive officers under subparagraph 2 (hereinafter “case No. 2”); and (b) the “case No. 6” (hereinafter “case No. 6”).

On April 22, 2014, the general meeting agenda shall be made.

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