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(영문) 서울남부지방법원 2016.10.13 2016가합100059
결의무효확인 청구의 소
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

The management body of the parties (hereinafter only referred to as the “management body”) is a management body under the Multi-Unit Residential Building Act (hereinafter referred to as the “multi-unit Residential Building Act”) composed of sectional owners of Yeongdeungpo-gu Seoul Metropolitan Government E Commercial Building (hereinafter referred to as the “instant commercial building”). The Plaintiff is a management body established for the purpose of the distribution business facility management business, and is entrusted with the management of the instant commercial building by

The defendant was formed to implement the market improvement project of the commercial building of this case and was authorized by the head of Yeongdeungpo-gu on November 23, 2006, and the defendant's intervenor was established for the purpose of parking management business on December 20, 201.

On September 8, 2005, the defendant held an extraordinary general meeting of the defendant general meeting and the management body, and passed the above agenda by presenting the "cases of separate management of parking lots and approval for the distribution of surplus earnings" as the agenda item of the management body's extraordinary meeting, and on March 29, 2007, "the parking lot of the building of this case is established and managed separately (the parking lot of this case is established and managed by a separate corporation)" at the extraordinary general meeting held on March 29, 2007.

(hereinafter collectively referred to as "the resolution of each extraordinary general meeting of this case"). The case of approval of an executive officer of a parking management corporation is considered to have five persons from the promotional order and five directors from the management body, as the parking lot management business entity approved through the general meeting of the management body ( September 8, 2005//39, 207).

The parking management project will make profits, use of the defendant's expense and pay personnel expenses, and will conduct general parking and night parking for efficient operation.

In order to return or return a parking management corporation, it has already been resolved at the general meeting of the management body over two times, and on November 20, 2008, the parking lot management is prompt.

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