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(영문) 대전지방법원 2021.01.13 2019가합665
결의무효확인
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. The Plaintiffs are the owners of the Daejeon Seo-gu C commercial building (hereinafter “instant commercial building”), and the Defendant is an organization with the aim of maintaining and repairing the instant commercial building and its affiliated facilities and collecting the allowance for repair of management expenses.

B. On April 14, 2016, the owner L of the instant commercial building was elected as the president who is the representative of the defendant. The defendant assistant intervenor, etc. filed an application for provisional disposition against L to suspend the performance of duties of the chairperson. On February 23, 2018, the Daejeon High Court ordered L to suspend the performance of duties of the chairperson of the defendant and decided a provisional disposition to appoint the lawyer M as his/her agent (Seoul High Court Decision 2017Ra 395). After September 20, 2018, the Daejeon High Court dismissed the attorney M from office as the representative of the defendant-chairperson, and made each decision to appoint the lawyer NN as the above representative of the defendant-chairperson on November 13, 2018.

(c)

Before an attorney M was dismissed from the defendant's Chairman's position for the defendant president and the attorney N was newly appointed, the defendant's assistant intervenor announced that the defendant's management member was elected in joint signature with the sectional owners who consented to the convening of the management collective meeting on October 4, 2018. On October 10, 2018, the defendant's assistant intervenor notified that 11 candidates for the management member were standing, and on October 22, 2018, the management collective meeting was convened on October 22, 2018.

(d)

On October 23, 2018, the Defendant Intervenor published a public announcement that “as the first floor management members of the instant shopping district, E, F, G, 3rd floor management members, H, I, and 4th floor management members, the Defendant’s assistant intervenor, K, and J were elected, respectively, as the Defendant’s assistant management members.”

[Grounds for recognition] The evidence Nos. 2, 3, 6, and 8 (including each number; hereinafter the same shall apply), Eul evidence Nos. 6 and 13, and the purport of the whole pleadings

2. The summary of the Plaintiff’s assertion is the procedure and method of convening the instant resolution.

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