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(영문) 수원지방법원성남지원 2017.11.14 2017가합402290
관리인선임결의무효확인
Text

1. Ascertainment that the Defendant’s resolution on appointment of a custodian at a meeting of the custodian on August 24, 2016 is null and void.

2. The costs of lawsuit;

Reasons

1. Basic facts

A. The Plaintiffs are sectional owners of the building E in the area of Seongbuk-gu, Sungnam-si (hereinafter “instant aggregate building”).

The defendant is a management body established by consisting of sectional owners of the instant aggregate buildings pursuant to the Act on the Ownership and Management of Aggregate Buildings (hereinafter referred to as the "Aggregate Buildings Act").

B. On July 4, 2014, the Defendant held a management body meeting to elect the Intervenor joining the Defendant and G as a joint manager for a term of two years, and constituted a management committee around that time.

Since then, G resigned on August 11, 2014, the Intervenor joining the Defendant independently performed the duties of custodian.

C. After that, the defendant tried to elect a new administrator to the end of the term of office of the defendant joining the defendant.

However, since there was no management rules to form an election commission with respect to the instant aggregate building, the management committee decided on May 24, 2016 to proceed with election management affairs at the management committee upon delegation from the Intervenor joining the Defendant.

On June 24, 2016, the management committee decided to hold a management body meeting for the purpose of election of managers on June 24, 2016, and on May 26, 2016, posted a public notice at the main place of the instant condominium building, stating that the management body meeting provides guidance on the schedule and the candidate

Accordingly, the plaintiff D, the defendant joining the defendant, H, I, and J were standing as the administrator.

On June 8, 2016, the Management Committee notified the sectional owners and occupants of the instant aggregate building (hereinafter referred to as “instant sectional owners, etc.”) who are difficult to attend the management body meeting of the management committee, of the documents stating “Guidance for Candidates of Managers of E Building” to submit written resolution. The Management Committee notified the sectional owners, etc. of the instant aggregate building of the documents by mail.

E. The Intervenor joining the Defendant held, June 24, 2016, a management body meeting to elect a new manager (hereinafter “previous management body meeting”).

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