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(영문) 수원지방법원 2014.09.04 2014가합1341
결의무효 및 관리단대표자지위부존재 확인
Text

1. The plaintiff's lawsuit against the defendant C shall be dismissed.

2. The Plaintiff and Defendant Btel management body:

Reasons

1. Facts of recognition;

A. Btel (hereinafter “instant building”) is an aggregate building consisting of 91 households’ officetels completed around December 2010 and 12 stores, and the Plaintiff is a seller of the instant building and a representative director of the Si event, who is a sectional owner of officetels No. 602 among the instant buildings, and Defendant C is a sectional owner or occupant of the instant building, which is a sectional owner of 106 commercial buildings among the instant buildings.

B. The provisions of the Act on the Ownership and Management of Aggregate Buildings (hereinafter “ Aggregate Buildings Act”) related to the instant case are as follows.

Article 12 (Share of Co-owner) (1) Each co-owner's share shall be in proportion to the size of his/her section of exclusive ownership.

(2) In cases under paragraph (1), if the area for a partial common use exists, such area shall be allocated according to the ratio of the area of the section for exclusive use by the sectional owners sharing such section for exclusive use.

(1) The manager of a managing body's meeting may, if deemed necessary, convene such meeting.

(2) The manager shall convene a meeting of the managing body when it is requested by one-fifth or more of the sectional owners, specifying the purposes of the meeting in detail.

This quorum may be reduced by regulations.

(3) If an administrator fails to take the procedure for convening a meeting within one week after the request under paragraph (2) is made, the sectional owner who has requested the convocation may convene the meeting with the permission of the court, unless he/she takes the procedure for convening a meeting within two weeks from the

(4) If no manager exists, at least 1/5 of sectional owners may convene a meeting of the managing body.

This quorum may be reduced by regulations.

Article 34 (Notice of Convocation of Meeting) (1) To convene a meeting of the management body, each sectional owner shall be notified by specifying the purpose of the meeting one week prior to the date of the meeting.

(b).

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