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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. Btel (hereinafter “instant building”) is an aggregate building located in Ansan-si, and 274 households, including the Plaintiff, are dividedly owned by 274 households, and the total area of the instant building is 12,945.49 square meters.
B. The Defendant is a management body established pursuant to the Act on Ownership and Management of Condominium Buildings (hereinafter “Aggregate Buildings Act”) with all sectional owners of the instant building as members.
C. Articles 33(4) and 33(4) of the Aggregate Buildings Act (Extraordinary Managing Body's meeting) (1) of the same Act may, if deemed necessary, convene a managing body's meeting according to the submission of a letter of delegation by 73 persons among sectional owners of the instant building.
(2) The manager shall convene a meeting of the managing body when it is requested by one-fifth or more of the sectional owners, specifying the purposes of the meeting in detail.
An authorized number of persons may be reduced by regulations.
(3) If an administrator fails to take the procedure for convening a meeting within one week after the request under paragraph (2) is made, the sectional owner who has requested the convocation may convene the meeting with the permission of the court, unless he/she takes the procedure for convening a meeting within two weeks from the
(4) If no manager exists, at least 1/5 of sectional owners may convene a meeting of the managing body.
This quorum may be reduced by regulations.
Based on the foregoing, a temporary meeting of the management body (hereinafter “instant meeting”) was convened, and on October 24, 2017, the instant meeting was held.
In the assembly of this case, ten sectional owners were directly present, and 163 sectional owners submitted a letter of delegation (=67 written delegation).
In the assembly of this case, the items to dismiss the plaintiff who was the former administrator of the building of this case and the items to be selected as the new administrator of the building of this case (hereinafter referred to as the "each item of this case").