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1. Of the judgment of the first instance, the part against the principal lawsuit by the plaintiff (Counterclaim defendant) shall be revoked.
Plaintiff (Counterclaim Defendant)’s instant case.
Reasons
1. Basic facts
A. Under the Act on the Ownership and Management of Aggregate Buildings (hereinafter “the Act”), the Defendant is a management body comprised of 131 persons holding a sectional ownership of the instant officetel pursuant to the Act on the Ownership and Management of Aggregate Buildings, and the Plaintiff is a corporation that actually was in charge of the management of the instant officetel without being appointed as the manager of the instant officetel.
B. From August 2013 to November 201 of the same year, 52 sectional owners of the instant officetel requested the convocation of a temporary management body meeting of the instant officetel consisting of “the manager and the officer election, the enactment of the management rules, the decision on the management method of the instant officetel, and the delegation of the conclusion of the management contract.”
C. Since then, C, the owner of the instant officetel 1514, on November 18, 2013, posted a notice of convening a temporary meeting of the Defendant temporary meeting of the management body, the following: “Temporary: 3, 2013.12.3”; “Place: D’s third floor conference room located in Seo-gu, Seo-gu, Seo-gu, Seo-gu; “Bills: Management Rules: Election of Managers and Officers; the enactment of the Management Rules; and the delegation of the conclusion of management contracts for the instant officetels.”
Accordingly, on December 3, 2013, at the Defendant temporary management body meeting held at the meeting room of the 3rd floor of the Korea Saemaul Bank, 74 persons among the 131 persons holding the instant officetels (2 persons holding the 54 written consent by issuing the 18 proxy letter) and 55.3% of the total voting rights (i) with the consent of 6,285.87/11363.8 x 100) (i) as the manager of the instant officetel, (ii) as the auditor, (iii) as the manager of the instant officetel, (iv) as the method of enacting the management rules of the instant officetel, and (iii) as to the selection of the company and the conclusion of the contract thereof, a resolution was made to delegate it to C (hereinafter “resolution of this case”).
E. Meanwhile, the Plaintiff’s instant case on June 19, 2012.