1. On April 26, 2014, the Defendant confirms that a resolution that appoints C as a manager at the management body meeting is null and void.

2...

1. Facts of recognition;

A. The Plaintiff is a sectional owner of the aggregate building B (hereinafter “the instant building”) located in D, E, F, and G in the prime city, and the Defendant is a management body established by the Act on the Ownership and Management of Aggregate Buildings, which consists of sectional owners of the instant building (hereinafter “the Aggregate Buildings Act”).

B. The instant building had neither been appointed by the manager nor enacted the management rules. A resolution was made to appoint C as the manager of the instant building with the consent of 9 sectional owners and 3978.45 square meters in total of the total area of the electric water area at the management body meeting of the instant building held on April 26, 2014 (hereinafter “instant management body meeting”).

C. At the time of the instant resolution, the number of sectional owners of the instant building is 106 square meters, and the entire section for exclusive use is 8,791.35 square meters.

On the other hand, the notice of individual convocation was not given to the sectional owners at the time of the management body meeting of this case.

C After the resolution of the instant case, C served as the manager of the instant building until the suspension of execution of duties by the provisional disposition of 2018Kahap61 on January 2, 2018 as the original branch of the Chuncheon District Court.

[Ground of recognition] Facts without dispute, entry of Gap 1 to 25 evidence (including branch numbers in case of additional number), the purport of the whole pleadings

2. According to the above facts of recognition, the resolution of this case does not meet the requirements for the consent of the majority of the sectional owners and the area of exclusive ownership of the building of this case, which is the quorum for the resolution of the management body meeting concerning the appointment of manager under the main sentence of Article 24(3) of the Aggregate Buildings Act and Article 38(1) of the same Act, and there is a procedural defect in the procedure for not giving individual notification to sectional owners under Articles 34 and 37(3) of

Thus, the resolution of this case shall be null and void because the degree of the defect is serious and clear, and C shall appoint a manager.