logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2019.11.06 2019나2005015
관리단집회 결의 취소
Text

1. The Intervenor’s appeal is dismissed.

2. The costs of appeal are borne by the Intervenor joining the Defendant.

purport.

Reasons

1. Basic facts

A. The plaintiffs and the defendant joining the defendant (hereinafter "the intervenor") and N are sectional owners of L commercial buildings at the time of Pakistan (hereinafter "the commercial buildings in this case"), and the defendant is the management body of the commercial buildings in this case.

B. On September 13, 2017, the Defendant held a management body meeting and resolved to appoint participants as the president and N as auditors.

(hereinafter referred to as “instant resolution”). C.

The defendant consists of 35 sectional owners, and the sum of their sections for exclusive use is 4,513.7 square meters in total.

【Fact-finding without a dispute over the ground for recognition, Gap evidence 1, 10, 13 (including a provisional number; hereinafter the same shall apply), Eul evidence 7, the purport of the whole pleadings

2. According to Articles 12, 37(1) and 38 of the Act on the Ownership and Management of Aggregate Buildings to determine the cause of the claim, the voting rights of the management body meeting consisting of all sectional owners shall follow the ratio of the size of the portion of exclusive ownership, which is the share of each co-owner, unless otherwise expressly provided by the regulations, and the method of resolution shall be a majority of sectional owners and a majority of voting rights unless otherwise provided by

The fact that the Defendant consists of 35 sectional owners and the total area of his section for exclusive use is 4,513.7 square meters in total is as seen earlier. According to the aforementioned evidence, the fact that 20 sectional owners at the time of the instant resolution (2,337.4375 square meters in total) attended and 18 sectional owners (1,679.9575 square meters in total) were approved at the time of the instant resolution.

According to the above facts of recognition, the number of sectional owners (18 persons) who approved the resolution of this case constitutes a majority of the total number of sectional owners (35 persons), but it is apparent that the aggregate (1,679.9575 square meters) of the voting rights (the area of exclusive ownership) of the sectional owners (1,679.9575 square meters) are less than a majority of the total total number of voting rights (4,513.7 square meters), barring any special circumstance, the above resolution shall be

arrow