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(영문) 대전지방법원 2021.01.13 2019가합108286
임시회의 의결 무효확인
Text

The instant lawsuit is dismissed.

The costs of lawsuit shall be borne by 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, when the owner E was elected as the president of the Defendant’s representative, the Intervenor, etc. filed an application with Daejeon District Court for the suspension of the performance of duties and the provisional disposition of appointment of an assistant executive officer against E on May 21, 2017 ( Daejeon District Court 2017Kahap 50167). The aforementioned court dismissed the application on August 21, 2017 (Seoul District Court 2017Kahap 50167). The Daejeon High Court determined that the resolution of Defendant Intervenor, etc. appealed’s appointment as the president was null and void until the non-effective judgment on February 23, 2018 becomes final and conclusive, and the said resolution was suspended from performing duties as the president until the time when the non-effective judgment on the above resolution becomes final and conclusive, and the said decision was dismissed on June 18, 2018 (Seoul High Court 201Ma395, Jun. 17, 2018).

(c)

As seen in March 4, 2019 after the Defendant’s management committee, G of the Defendant’s Chairman’s job performance is using the name “the Steering Committee” (Articles 10 through 13, etc.). However, in convenience, it is called “the Management Committee” commonly used by the Plaintiffs and the Defendant, and its members are “the Management Committee”.

At the meeting of a management union for the election of managing members, the due date for the registration of the candidates for managing members was March 12, 2019, and on March 20, 2019, the election date of managing members was March 20, 2019, and the election management committee was set up for the election of managing members (hereinafter referred to as "first.").

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