logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원고양지원 2019.05.10 2018가합76111
관리단총회무효확인 등 청구
Text

1. Ascertainment that the resolution of the management body meeting held by the Defendant on April 27, 2018 is null and void.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Basic facts

A. The Defendant is a management body established pursuant to the Act on the Ownership and Management of Aggregate Buildings (hereinafter “Aggregate Buildings Act”) with the members of sectional owners of C Sang-si (hereinafter “instant commercial building”) located in D in P, P, and the Plaintiffs are sectional owners of the instant commercial building. The Plaintiffs are sectional owners of the instant commercial building.

B. The 23 sectional owners of the instant commercial building made a resolution to appoint E (F) from the temporary management body meeting (hereinafter “instant meeting”) held on April 27, 2018 as a custodian, G (H), I (J), K (L (N), and M (N) as a managing member (hereinafter “instant resolution”).

(Enactment of the Management Rules was rejected without the consent of not less than 3/4 of the total sectional owners 68). 【No dispute exists, Gap evidence Nos. 1, 3, Eul evidence Nos. 1 and 3 (including each number), the purport of the whole pleadings.

2. The plaintiffs asserted that the resolution of this case does not meet the quorum for the appointment of administrator and management member under the Aggregate Buildings Act, and the defendant asserts that the resolution of this case is valid as long as the meeting of this case has the nature of temporary management body meeting, and E is not a representative of management body but a manager.

3. Determination

A. According to the Aggregate Buildings Act, the manager who executes the affairs of the management body on behalf of the management body is appointed by the resolution of the management body meeting (Article 24(1) and (3)); the members of the management body shall be elected by the resolution of the management body meeting from among the sectional owners (Article 26-3(1)); and the management body meeting shall be a majority of the sectional owners and a majority of voting rights, except as otherwise provided by the

arrow