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(영문) 서울고등법원 2018.12.21 2018나2031307
관리단 집회결의 취소청구의 소
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the court of first instance’s explanation as to this case is as follows, and it is identical to that of the judgment of the court of first instance, except where the plaintiff added a judgment as to the assertion that the plaintiff raised as the grounds for appeal as set forth in paragraph (2). As such, it shall be cited as it is by the main sentence of Article 420 of the Civil Procedure Act.

Under the 6th page, the entry of Section 5 in Section 5 is as follows: “The entry of Section 5 is written in Section 5 and Section 7”; “At least 4/5 of the sectional owners of the instant aggregate building” in Section 4 is as follows: “At least 4/5 of the sectional owners of the instant aggregate building who have purchased the instant aggregate building and at least 4/5 of the voting rights of each sectional owners who have purchased the instant aggregate building

Under the 7th page, “a resolution by the majority or decision of the sectional owners” is stipulated as “a resolution by the majority or voting rights of the sectional owners. In this context, when calculating the number of sectional owners, one person owns several sectional sections in the aggregate building, it shall be deemed as one sectional owner (see Supreme Court Decision 2009Da65546, Oct. 13, 201). However, Article 9(4) of the instant management rules provides that “a resolution by the affirmative votes of the majority or more of voting rights of the sectional owners, including the appointment of managers, shall be deemed as one sectional owner.”

2. Determination on the grounds for appeal

A. Article 14(1) of the Management Rules of this case merely provides for the provision that "a management body consisting of all sectional owners as members," but does not provide for the detailed requirements of sectional owners. However, Article 23(2) of the "Standard Management Rules of Condominium" prepared by Incheon Metropolitan City as to sectional owners who are members of the management body shall be acquired when the status of sectional owners who are sectional owners who are members of the management body is registered for the transfer of ownership of the exclusive ownership.

Provided, That a person who has purchased a section for exclusive use for the first time shall register the ownership.

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