1. Each resolution made at the extraordinary management body meeting of the Defendant on December 9, 2017 is null and void.

Facts of recognition

The Plaintiff (Appointed Party; hereinafter “Plaintiff”) is a sectional owner of No. 207 and No. 208 of the building B in Hysung City, and the Selection C is a sectional owner of the same building No. 607.

On December 9, 2017, the Defendant held a temporary meeting of the management body (hereinafter “instant meeting”) on December 9, 2017 and passed a resolution of 1, 2 of the attached list agenda with the consent of 47 members among 84 members (including a written resolution). At the instant meeting, the Defendant delegated the management committee organized by the above resolution and passed a resolution of 3 and 4 of the attached list agenda.

[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 8, assertion of the purport of the whole pleadings, and each resolution listed in the attached Table Nos. 1 through 8, which was made at the assembly of this case by the plaintiff's assertion, shall be null

The defendant announced the convocation of the assembly of this case and allowed the submission of a written resolution after the commencement of the assembly.

Attached Form

A resolution on the agenda to be entered in the list is null and void because it does not meet the quorum for establishing the rules prescribed by the Act on the Ownership and Management of Aggregate Buildings (hereinafter referred to as the "Aggregate Buildings Act"), and such resolution is also null and void both of the two, three, and four resolutions based on the attached list.

Since three or more members of the management committee elected at the meeting of this case fail to pay management expenses for at least three months, this constitutes grounds for disqualification under Article 8 of the Enforcement Decree of the Aggregate Buildings Act.

Judgment

Attached Form

The Act on the Ownership and Management of Aggregate Buildings provides that the establishment, amendment and repeal of the regulations shall be subject to the consent of at least 3/4 of the sectional owners and at least 3/4 of voting rights at the meeting of the management body.

(Article 29(1) proviso). As seen earlier, a resolution on the agenda item on the set-up of the Code was made in violation of the Act on the Ownership and Management of Aggregate Buildings without obtaining the consent of at least 3/4 of the voting rights, and its defect is so serious and clear that it is null and void.

Attached Form

The Aggregate Buildings Act, as well as the 2, 3, and 4 resolutions on the proposed list, becomes invalid.