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(영문) 서울남부지방법원 2020.06.23 2019가합108641
관리단집회(임시총회)결의취소
Text

1. Of the lawsuits of Plaintiff C, Plaintiff A, and Plaintiff B, the Defendant’s agenda items Nos. 2 and 3 as indicated in the separate sheet on December 27, 2018.

Reasons

1. Basic facts

A. Plaintiff A and B are sectional owners of the D Building, an aggregate building comprised of 143 households located in Gangseo-gu Seoul Metropolitan Government E (hereinafter “instant building”); Plaintiff C is a resident of the building F of this case; the Defendant is a management body of the instant building.

B. The 51 sectional owners of the instant building consented to the convocation of the management body meeting, including the appointment of the manager and the appointment of the executive officers of the management body, and delegated G with the authority to register the candidates for the manager and the executive officers of the management body, convene the meeting, select the place of meeting, and send the convocation notice.

C. G, on December 27, 2018, convened a management body meeting of the instant building (hereinafter “instant assembly”) pursuant to Article 33(4) of the Act on the Ownership and Management of Aggregate Buildings (where no manager exists, at least 1/5 of sectional owners may convene a management body meeting of the instant building).

At the instant assembly, subparagraphs 1, 2, and 4 of the attached list (hereinafter “the instant agenda”) were approved with the consent of 143 sectional owners of the instant building; 88 persons (61.5%) out of the voting area of 14,715.29 square meters; and 7,837.50 square meters (53.26%) of the voting area; the instant agenda item 3 (Enactment of the Management Rules) was rejected due to the lack of a quorum; by voting, G was appointed as the Defendant’s custodian, H, I, G, J, and K as the executive officer of the management body (the representative of each Dong and each person of each person).

E. Plaintiff A, B filed an application against G, H, I, J, and K for a provisional disposition suspending the performance of duties with the Seoul Southern District Court. On August 22, 2019, the above court suspended the performance of duties by the executive officers of the management body, and K rendered a provisional disposition that dismissed the remainder of claims (Seoul Southern District Court 2019Kahap20253). While the above plaintiffs filed an appeal against G, the appeal against the above plaintiffs was dismissed on January 6, 2020.

(Seoul High Court 2019Ra21009). (f) H and I on July 1, 2019; J on January 5, 2019; G on January 28, 2019; and K on August 2019.

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