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(영문) 의정부지방법원고양지원 2014.03.26 2013가합5299
관리단총회결의무효확인
Text

1. A resolution of the management rules set up by the management body meeting held by the Defendant on October 25, 2012 and K are the management body.

Reasons

1. The following facts do not conflict between the parties, or may be acknowledged by taking into account the following facts: Gap evidence 1, Gap evidence 2, Eul evidence 3, Eul evidence 4, Eul evidence 1, Eul evidence 2, Eul evidence 2, Eul evidence 3, Eul evidence 4, Eul evidence 5, Eul evidence 7, Eul evidence 8, Eul evidence 10, and Eul evidence 10.

The defendant is a management body under the Act on the Ownership and Management of Aggregate Buildings (hereinafter referred to as the "Act on the Ownership and Management of Aggregate Buildings") composed of sectional owners of JJ shopping districts L (hereinafter referred to as "the commercial building of this case"), and the plaintiffs are the sectional owners of the commercial building of this case.

B. At the time of October 15, 2012, the number of sectional owners of the instant commercial building was 39 persons. However, on October 25, 2012, eight sectional owners (hereinafter referred to as “the instant proposers”) such as Nonghyup Distribution Co., Ltd. (hereinafter referred to as “Non-101”), M (Non-201), H (131), A (132), N (133), K (145), K (402), and P (501) decided to convene the instant meeting on October 25, 2012 for the organization of the steering committee of the management body of the instant commercial building and the enactment of the management body regulations, and notification of the convocation of the instant meeting on October 25, 2012 by the Ministry of Agriculture and Forestry (hereinafter referred to as “instant meeting”).

C. On October 25, 2012, at the Defendant’s meeting meeting of the instant commercial building held on October 25, 2012, K was elected as the Defendant’s president, and the resolution was made to enact the J management rules (hereinafter “instant resolution”). The general meeting minutes (Evidence B No. 5; hereinafter “instant minutes”) include 15 sectional owners, at the time of the instant resolution, exercise their voting rights by attending the meeting directly or through their agents and exercising voting rights, and by 18 sectional owners, such as S, R, S, T, Ha, Ha, Ha, Ha, Ha, Ha, X, X, Z, AB, AC, AD, AE, and AF.

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