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(영문) 수원지방법원성남지원 2020.07.09 2019가합405743
관리단 집회결의무효등확인
Text

1. The plaintiffs' primary claims and conjunctive claims are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On November 19, 2003, a building D located in Seongbuk-gu, Sungnam-si (hereinafter “instant building”) is an aggregate building, the preservation of ownership of which was completed on November 19, 2003, and currently 274 sectional owners own a total of 12,467.48 square meters.

B. Plaintiffs A and B are sectional owners of the same building E and the same building F, and the Defendant is the management body of the above building.

C. On January 31, 2019, under the name of 100 sectional owners of the instant building (hereinafter “the instant claimant”), a letter of delegation (hereinafter “each of the instant delegation powers”) was prepared, stating the holding of an extraordinary management body meeting and the delegation of voting rights at the meeting to G. Since then on March 11, 2019, G requested the administrator (H) of the instant building to convene an extraordinary management body meeting by stating the purpose of the meeting as “(i) the case of dismissal or appointment of the manager; (ii) the case of enactment or amendment of the management rules; and (iii) the case of enactment or amendment of the management rules; and (iv) the case.

H announced on March 18, 2019, a letter of guidance to hold an extraordinary management body meeting on March 26, 2019, and notified the sectional owners of the instant building of the convocation of an extraordinary management body meeting to the address on the registry of each section for exclusive use on the same day.

E. On March 26, 2019, the provisional management body meeting was held on March 17, 2019 (hereinafter referred to as the “temporary management body meeting”), and G exercised voting rights by proxy of the requesting party.

In the above assembly, I was elected as the Speaker pro tempore and presided over the assembly, and the agenda was resolved on the dismissal of the manager H and the appointment of the co-manager.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 9, Eul evidence No. 48 (including paper numbers, hereinafter the same), the purport of the whole pleadings

2. The summary of the plaintiffs' assertion is that the resolution of the provisional meeting of the management body of this case is invalid as follows, and that the resolution shall be revoked even if it is not invalid.

(1)

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