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(영문) 대전지방법원 2017.05.10 2016가합101925
관리단집회결의무효확인의 소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of the lawsuit include the part resulting from the supplementary participation.

Reasons

1. Basic facts

A. The Defendant is a management body comprised of the sectional owners and shop occupants of JJ shopping district N (hereinafter “instant shopping district”). The Plaintiffs are management members of the Defendant’s management committee, the sectional owners of the instant shopping district.

B. Around February 1995, the Defendant enacted and implemented a superstore operating management rules for the operation and management of the instant shopping mall, and thereafter, the superstore operating management rules were amended on August 16, 1996; January 1, 1999; June 1; 2004; and January 1, 2007.

According to the current superstore operation and management rules (hereinafter “instant rules”), the instant commercial building has a general meeting of the management body (Article 10(1)) which becomes the occupants and occupants (owners) and each floor occupant as members (Article 10(2)), and has a total operating committee comprised of three persons elected from among sectional owners and lessees delegated by sectional owners on each floor of the instant commercial building (Article 10(2)).

(Article X, Sections 3, 4). (c)

The fourth sectional owners of the instant commercial building and the occupants delegated by the sectional owners (hereinafter referred to as “the fourth sectional owners”) are referred to as “the instant resolution to select K, L, and M (hereinafter referred to as “K, etc.”) as members of the management committee of the fourth managing committee on January 22, 2016, by opening the fourth managing committee of the fourth floor of the instant commercial building and selecting K, L, and M (hereinafter referred to as “K, etc.”) as members of the management committee.

On February 4, 2016, K notified the Defendant of the above election. The key contents of the notification (Evidence A 3) are as follows. 2. Members of the management committee of the fourth floor elected pursuant to Article 10(3) of the Rules of this case (former Operating Committee) of the Defendant.

(b) A person entitled to convene a meeting: At least 1/5 of the persons holding sectional ownership who have no representative;

(d) Contents of agenda items: Election of members of the fourth floor management committee, 2016.

(e) Contents of resolution:

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