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(영문) 서울남부지방법원 2015.09.03 2015가합2776
관리단지위부존재
Text

1. The plaintiff's lawsuit against the defendant C shall be dismissed.

2. The plaintiff's claim against the defendant B management body is dismissed.

3...

Reasons

Basic Facts

B is an aggregate building consisting of a total of 265 households, and the defendant management body is a management body established pursuant to Article 23, Paragraph 1 of the Act on Ownership and Management of Aggregate Buildings (hereinafter referred to as the "Aggregate Buildings Act") consisting of sectional owners in B.

The defendant management body is not subject to any separate management rules.

Defendant C, as a sectional owner, was appointed at the general meeting of the Defendant management body on March 10, 2009 as a manager, and was reappointed at the general meeting of the Defendant management body on April 18, 201 as a manager.

On January 30, 2013, the general meeting of the defendant management body was held to handle the agenda for the dismissal of the manager and the election of the new manager, but the participants at the general meeting were 56 persons.

In the above meeting, the delegation was invalid on the ground that the letter of delegation by 72 persons who delegated the attendance and voting rights to Defendant C was not accompanied by a copy of the identification card, and the delegation was rejected on the ground that 56 persons who attended the meeting did not become a member of the general meeting.

B On December 3, 2014, 59 members of sectional owners requested Defendant C to convene a general meeting of the temporary management body on the agenda of dismissal and election of managers.

On December 17, 2014, Defendant C notified that it will hold a general meeting of the temporary management body on December 17, 2014, and publicly announced as follows:

At the time of attending the meeting, an identification card for the confirmation of ownership shall be presented, and the attending representative shall be present at the time of entry of a letter of delegation of ownership and a copy of identification card.

(B) On December 17, 2014, the general meeting of a temporary management body held on December 17, 2014 (hereinafter “instant general meeting”) held on December 19, 2014 (hereinafter “instant general meeting”) by 19 persons participated in the general meeting of the management body, which was held on December 17, 2014, by entering a copy of a lease agreement confirming that the possessor is the possessor stipulated in Article 24(4) of the Act on the Ownership and Management of Aggregate Buildings.

The participants shall be present at the above general meeting.

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