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(영문) 수원고등법원 2020.05.21 2019나17832
임시총회결의무효확인 등 청구의 소
Text

1. Revocation of the first instance judgment.

2. All plaintiffs' lawsuits are dismissed.

3. The plaintiffs' total costs of litigation.

Reasons

1. Basic facts

A. The parties concerned Plaintiff A asserts that the ownership of the first floor E sales facility of the first floor, 7.20 square meters, among the 1st floor underground and the 5th floor buildings above ground (hereinafter “instant condominium buildings”) in Ansan-si, an aggregate building, an aggregate building, is a sectional owner who owns the first floor F sales facility of the instant aggregate building. Plaintiff B asserts that the ownership of the first floor F sales facility of the instant aggregate building is a sectional owner who owns the 7.56 square meters.

The Defendant is an organization that claims that the management body is in the position of the management body under the Act on the Ownership and Management of Aggregate Buildings (hereinafter referred to as the "Aggregate Buildings Act").

B. Around August 2018, G, the owner of the first, fourth, and fifth floor of the instant aggregate building, among the instant aggregate buildings, used the name of “the Committee for Promotion of the Ownership of Condominium Buildings” and sent a notice to those registered as sectional owners of the instant aggregate building including the Plaintiffs, and their site owners, stating that “A person who wishes to be the president or auditor, as a candidate, is expected to hold an extraordinary general meeting on the agenda newly selected by the president or auditor of the management body of the instant aggregate building.”

On September 10, 2018, according to the above convocation notice, an extraordinary general meeting was held in the presence of the plaintiffs, G, etc.

H, who is in charge of the progress of the above special meeting, decided that “45 voting rights shall be granted to each floor from the first to the fifth of the ground, and a total of 270 voting rights shall be granted to all sectional owners of the building, and one and six voting rights shall be granted to six landowners, respectively. Therefore, the total of 276 voting rights shall be effective at the special meeting, and there shall be a consent of 228 voting rights with respect to the agenda entered in the current attached list, and it shall be deemed to have been resolved.”

(hereinafter “instant resolution”) C.

The resolution of ratification of this case is established.

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