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(영문) 인천지방법원 부천지원 2021.01.29 2020가합104209
관리단집회결의무효등확인 청구
Text

The plaintiff's lawsuit against the defendant C is dismissed.

The defendant B's building management unit on June 20, 2020 shall be attached at the meeting of the self-management unit.

Reasons

1. Basic facts

A. On March 12, 2003, the Plaintiff is the sectional owner who acquired ownership of the portion of “D private house” on the second underground floor among the building B (hereinafter “instant building”). Defendant B’s building management unit (hereinafter “Defendant management unit”) is the management body of the instant building comprised of more than 300 sectional owners.

B. The Plaintiff, against the Defendant Management Group, was in fact acting as the manager of the instant building from around 1993 to 104674 by the court 2017, which was a joint 104674. However, the Plaintiff is not the manager of the Defendant Management Group E.

Recognizing that “A Co., Ltd. is not in the status of the administrator of the Defendant Management Group.”

Although an action was brought to the effect that the claim was sought, the judgment dismissing the claim was rendered on August 24, 2018.

The plaintiff appealed and on March 20, 2019, the appellate court revoked the judgment of the first instance.

It is confirmed that E is not in the position of the administrator of the defendant management team.

The judgment of “(Seoul High Court 2018Na2050179) was pronounced (Seoul High Court 2018Na2050179). Defendant managing body appealed the judgment of the said appellate court, but the judgment dismissing the appeal was rendered on August 14, 2019 (Supreme Court 2019Da226500), and the said judgment of the appellate court became final and conclusive around that time.

(c)

Defendant C, around June 5, 2020, shall convene a temporary management assembly to the owners of the instant building under the name of “Defendant C, et al., the promoters of the B general assembly of the building, and 70 and one Dong-dong of the Election Management Committee,” with respect to the selection and appointment of a manager, approval and approval of the management rules, and matters concerning the approval of the management budget.”

On June 19, 2020, a muster notice was issued to the effect that, if the assembly is unable to attend, submission of a written resolution by no later than 18:00 (hereinafter “instant convocation notice”).

(d)

On June 20, 2020, a management-based assembly aimed at meeting the appointment of a custodian and the enactment of management regulations (hereinafter referred to as “instant assembly”) was held.

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