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(영문) 서울서부지방법원 2017.09.20 2017가합30675
관리인선임결의 무효확인 등
Text

1. The plaintiff (appointed)'s primary claim is dismissed.

2. The Defendant’s management body meeting on July 18, 2016.

Reasons

1. Facts of recognition;

A. 1) The Plaintiff (Appointed Party, hereinafter “Plaintiff”) is a party to the instant case.

) The designated parties shall be Bteltel in Mapo-gu Seoul Metropolitan Government (hereinafter referred to as “instant building”).

2) The Defendant is a management body duly established with a total of 195 sectional owners of the instant building pursuant to the Act on the Ownership and Management of Aggregate Buildings (hereinafter “Aggregate Buildings Act”).

3) At the time of May 25, 2016, the Intervenor requested a meeting of the management body meeting with the consent of at least 1/5 of the sectional owners E, who were the Defendant’s manager, to convene a meeting with the following items as the objective of the meeting. On June 24, 2016, the Intervenor requested a meeting of the management body meeting with the approval of at least 1/5 of the sectional owners, who did not comply therewith.

(Court 2016 non-conforming30) agenda items

1. Reporting on the current status of execution of management expenses for a fiscal year 2015;

2. Cases requested by an external specialized institution in charge of auditing Btel management expenses.

3. No-Confidence agenda for the Btel divided owners' association:

4. Removal of the current administrator and appointment of a new administrator;

5. Cases consisting of Btel management committees (including election of executive officers of management teams).

6. The case of amending the management rules; and

7. Other 2) On July 8, 2016, where the above procedure was in progress, E notified the convening of the management body meeting as follows. In addition, E sent a notice of convening the general meeting of the management body that includes the enactment of the management rules, the election of management members therefrom, and the budget execution (hereinafter collectively referred to as “instant convocation notice”).

b) Notice of convening

1. General meeting place: A rooms of the third basements underground of officetels;

2. Date and time of the general meeting: 11 A.M. on July 18, 2016.

3. Object of attendance: Aggregate Buildings Act, such as sectional owners, is stipulated.

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