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(영문) 대전지방법원 홍성지원 2017.01.25 2016가합933
관리단총회결의 무효 및 부존재 확인청구
Text

1. The resolution of the general meeting of the management body held on August 31, 2016 by Defendant C management body shall be revoked.

2. Defendant D is the Defendant C Management Body.

Reasons

1. Basic facts

A. The Plaintiffs are co-owners of the building F in Hongsung-gun, Chungcheongnam-gun, the aggregate building (hereinafter “instant aggregate building”), and Defendant C Management Body (hereinafter “Defendant Management Body”) is the management body of the instant aggregate building under the Act on the Ownership and Management of Aggregate Buildings (hereinafter “Aggregate Buildings Act”).

B. The aggregate building of this case is divided by 153 sectional owners, and among them, the details of shares and sections for exclusive use of the plaintiffs' aggregate building of this case are as shown in the attached Form.

C. Some of the sectional owners of the instant aggregate building hold a management body meeting on August 31, 2016 (hereinafter “instant assembly”) to establish a management body composed of the first floor of the instant aggregate building and the first floor, the second floor, and the third floor (C management body), which were operated separately, and Defendant D is the manager under Article 24 of the Act on the Ownership and Management of Aggregate Buildings as the representative of the management body.

Ro. Defendant E was elected as the management chairperson of the management committee of the Defendant management body, and a resolution was made to make the parking space of the building C as a red-gun public parking lot (hereinafter “instant resolution”). D.

The main provisions of the Aggregate Buildings Act in relation to this case are as follows:

Article 12 (Share of Co-owner) (1) Each co-owner's share shall be in proportion to the size of his/her section of exclusive ownership.

Article 23 (Obligatory Establishment, etc. of Managing Body) (1) If a sectional ownership relationship is established for a building, a managing body established with the aim of implementing projects concerning the management of building, site and attached facilities by consisting of all sectional owners.

Article 24 (Appointment, etc. of Administrator) (1) Where there are at least ten sectional owners, he/she shall represent the managing body and appoint a manager to execute the affairs of the managing body.

(2) The manager shall not be required to be a sectional owner, and his/her term of office shall be determined by regulations within two years.

(3) The manager shall be a managing body.

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