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(영문) 서울중앙지방법원 2018.01.25 2016가합580123
결의무효확인 등
Text

1. The council of occupants' representatives on December 2015 confirms that the resolution on the adjustment of the long-term repair plan by Defendant E is invalid.

2. Defendant E.

Reasons

Basic Facts

Defendant E’s representative council (hereinafter “Defendant’s representative council”) is an organization composed of representatives from each Dong of Gwanak-gu in Seoul Special Metropolitan City (hereinafter “instant apartment”), and the Plaintiffs are sectional owners of the instant apartment.

The Defendant’s council of occupants’ representatives adjusted the long-term repair plan on September 2014, but did not include any change in the existing central supply heating system. Accordingly, around September 2015, the Defendant approved a proposal for the adjustment of the long-term repair plan reflecting the plan to convert the central supply heating system into the individual distress method, and then made a resolution to adjust the long-term repair plan (hereinafter “the resolution for the adjustment of the long-term repair plan of this case”) with the above contents around December 2015.

On July 7, 2016, the council of occupants' representatives concluded a contract on the instant construction work with Defendant LFK Co., Ltd. (hereinafter referred to as “instant construction contract”).

[Ground of recognition] The Plaintiffs asserted that the instant long-term repair plan adjustment resolution and the instant construction contract did not meet the requirements for consent of the occupants under the relevant laws and regulations, and that the instant construction contract was null and void as it was concluded by a person other than a lawful representative.

Article 15 (1) of the Act on the Ownership and Management of Aggregate Buildings (hereinafter referred to as the "Act on the Ownership and Management of Aggregate Buildings") provides that "the matters concerning the change of the section for common use shall be determined by a resolution at an assembly by a majority of not less than 3/4 of all sectional owners and voting rights: Provided, That if the improvement of the section for common use does not require excessive costs, it may be determined by a resolution at an ordinary assembly, and Article 41 (1) of the same Act provides that "the matters to be determined by this Act or regulations at the management body meeting may

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