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Reasons
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(영문) 대전고등법원 2015.09.16 2014나11718
집회결의무효확인
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1. Revocation of a judgment of the first instance;

2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a sectional owner of the Seo-gu Daejeon Building (hereinafter “instant building”) and the Defendant is a management body comprised of all sectional owners under the Act on Ownership and Management of Condominium Buildings (hereinafter “Building Act”) for the management and operation of the instant building.

B. On February 27, 2013, the provisional meeting of the management body (hereinafter “temporary meeting of the management body in this case”) was convened and resolved 1) the Defendant appointed D as a manager at the temporary meeting of the management body on September 15, 2010, but on December 18, 2012, the Daejeon High Court rendered a judgment that the above resolution of appointment becomes null and void by a resolution failing to meet the quorum (Seoul High Court 2012Na2406) (Article 2013Da5848, the Defendant filed an appeal by Supreme Court, but the dismissal of the appeal was finalized on April 25, 2013.

(2) At that time, on February 15, 2013, 68 of the sectional owners of the instant building, notified the sectional owners of the instant building of the convocation of a temporary management body meeting by setting the appointment of a new manager, etc. as an agenda item.

3) Accordingly, the temporary management body meeting was held on February 27, 2013. At that meeting, E’s voting was held as a sole candidate, and as a result, the voting was conducted by 128 persons (including the exercise of voting rights by delegation) from among 232 persons, and E participated in the voting and obtained “126 votes excluding the invalid two votes among the total voting 128 votes,” and E was appointed as the Defendant’s manager. A resolution was adopted following the resolution for the appointment of the manager, following the resolution for the appointment of the manager, with respect to each item listed in the separate list Nos. 2 through 3 (hereinafter “the resolution of this case”).

(C) The regular management body meeting of the instant management body (hereinafter “instant management body meeting”) dated February 27, 2014

(1) On March 27, 2013, the Plaintiff confirmed the invalidity of the instant resolution.

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