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(영문) 서울북부지방법원 2016.10.13 2016가합688
총회결의무효
Text

1. All of the instant lawsuits are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff, Defendant B, and C are sectional owners of Dongdaemun-gu Seoul building E (hereinafter “instant building”).

B. The building of this case was newly built and sold by the non-party Yangyang Co., Ltd. (hereinafter referred to as the "Dongyang C&D"), and Yangyang C&D completed the registration of ownership transfer to the buyers on January 19, 206, after completing the registration of ownership preservation for each sectional ownership.

The building of this case consists of a total of 974 rooms (256 rooms, 718 rooms, officetels, etc.). As of January 2006, the number of sectional owners was 461.

C. On July 27, 2006, the entire sectional owners of the instant building held an ordinary general meeting (hereinafter “general meeting on July 27, 2006”) and concluded an entrustment contract for building management with the E Integrated Management Group (hereinafter “Integrated Management Group”) meeting held at the above general meeting on September 11, 2006. The Integrated Management Group concluded an entrustment contract for building management again with Defendant D on January 11, 2008, and continued to renew the said contract. (d) However, since the parts of the instant building were left in the public room for a long time, there were no conflict between the sectional owners of the instant building and the instant sectional owners of the instant building as a problem of building management and management expenses. Since the Plaintiff and Nonparty claimed provisional disposition against Defendant D on the ground that the management of the instant building was the manager of the instant building, the management of the instant building was lawfully suspended on the ground that the management of the instant building was terminated on March 10, 2014 (hereinafter “D. 201”).

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