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(영문) 대전지방법원 2018.10.11 2017가합108138
집회결의무효확인 등
Text

1. The Defendant:

A. On September 15, 2017, the management of apartment buildings, commercial buildings, and business facilities at the management body meeting will be separately managed.

Reasons

1. Facts of recognition;

A. The present condition of the instant building and the parties’ status 1) The “E” building located in Daejeon Seosung-gu F and G is a so-called principal complex building (hereinafter “instant building”) combined with residential buildings (708 households) and business and virtual buildings (163 households) (hereinafter “instant building”).

) As a result, the part F of the Daejeon Sung-gu Daejeon District is composed of “E 2 Complex” and “E 5 Complex.” The two complexes include 201, 202, 203 buildings as residential buildings, 204, 205 buildings as commercial buildings and business buildings, and 501, 502, 503 buildings as residential buildings, and 504, 505 buildings as commercial buildings and business buildings (hereinafter “instant apartment buildings”) among the buildings in this case.

(2) As the Housing Act was enacted on August 11, 2015 by Act No. 13474, Aug. 11, 2015, the Defendant separated the contents related to the management of multi-family housing from the former provisions of the Housing Act, the Housing Act was amended by Act No. 13474 on August 11, 2015, and the said Act is collectively referred to as the “former Housing Act.”

The council of occupants' representatives of the apartment of this case constituted pursuant to the relevant provisions. The plaintiff A is the representative council of occupants' representatives of the apartment of this case, the 505 dong 101 and 505 dong 201 dong 1902 of this case and the 201 dong 1902 of this case, the 505 dong 104-2 shares of this case and the 204 dong 201 dong 204-1/2 shares of this case, and the 1/2 shares of the 505 dong 101 and 505 dong 201, respectively, and the 505 dong 102 shares of this case and the 501 dong 1/2 shares of the 501 dong 1201-2 shares of this case.

B. The instant management rules and the instant building management 1) Meanwhile, in accordance with the relevant provisions of the former Housing Act, the management rules of the instant apartment building enacted around 2009 (hereinafter “instant management rules”).

(2) Accordingly, the Defendant, from around 2009, stipulated the entire building as the subject matter of management under the instant management rules.

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