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(영문) 부산지방법원 동부지원 2018.02.08 2017가합101378
관리단집회결의무효확인
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. The plaintiffs are co-owners of the F hotel located in Busan Shipping Daegu (hereinafter "the hotel of this case"), and the defendant is an organization established automatically with all co-owners of the hotel of this case as members in order to manage the hotel of this case under the Act on the Ownership and Management of Aggregate Buildings (hereinafter "the Act on the Ownership and Management of Aggregate Buildings").

B. On September 8, 2012, G, who was the manager of the instant hotel, resigned from the manager, but was not appointed by the successor manager, was a temporary manager, and thus, during the performance of the previous duties, H, a corporation holding the sectional ownership of the instant hotel (hereinafter “H”).

(2) On the ground that 187 other sectional owners of the hotel of this case do not have enough time for the notification and registration period of candidate and executive officers to the same court, the prohibition of the resolution of the managing body meeting was applied for a provisional disposition by the above court for a decision of acceptance (No. 2016Kahap60, Nov. 18, 2016, the Busan District Court Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch, Busan District Court Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Decision 2016Kahap60, etc.) and the above procedure was suspended. 2) After which the defendant again followed the procedure of convening an extraordinary meeting of managing body, which was implemented on January 6, 2017 (No. 3 A; hereinafter “the above procedure of convening the management body meeting”) and subsequently, was to be held by the election commission.

3. Regarding the convening of the management body meeting of this case, I.D., the owner of the hotel of this case.

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