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1. The Defendant’s resolution at the extraordinary meeting of the management body on November 11, 2017 confirms that the resolution is invalid.
2. The costs of the lawsuit are assessed against the defendant.
Reasons
1. Basic facts
A. The Defendant is a management body established under the Act on the Ownership and Management of Aggregate Buildings (hereinafter “Aggregate Buildings Act”), consisting of sectional owners of the fourth underground floor and second apartment building (hereinafter “instant building”) located in Gangnam-gu Seoul Metropolitan Government, and is a sectional owner of the instant building. The Plaintiff is a sectional owner of the instant building.
B. According to the Defendant’s public notice of and notice on the temporary meeting of the management body, the extraordinary management body meeting for the appointment of the manager was convened on November 11, 2017 (hereinafter “instant meeting”). In the foregoing meeting, a resolution was passed to select Nonparty D Co., Ltd. as the manager with the consent of 33 of the total sectional owners and 7,961.59 square meters of the total charged area and 5,112.16 square meters of the total charged area.
(hereinafter referred to as “instant resolution”). Article 2 (Definitions) The definitions of terms used in this Code are as follows:
1) The term “occupant” means a person who has sectional ownership in the building of this case. 2) The term “user” means a person, other than an occupant, who occupies the section of exclusive ownership in the commercial building and who is not a sectional owner.
5) The term “managing Body” means a person who performs a nonprofit management work for a non-profit purpose. Article 3 (Management Organization) (1) The occupant shall have a representative meeting of occupants and a managing body to achieve the purpose of Article 1.
2) The representative meeting of occupants and the offices of the management body shall be established in the management office within the building. 3) The representative meeting of occupants shall be responsible for determining the matters prescribed by these rules as a resolution body and for supervising the management body's affairs, and the management body shall be responsible for management in accordance with the relevant laws and regulations, these rules and those determined by the Assembly of Residents and the Assembly of
Article 7 (Rights of Occupants)
1.The occupants shall have the following rights:
(2) The right to use the section for common use as prescribed by the relevant Acts and subordinate statutes, the management rules and management regulations.