1. The resolution of the management body meeting held on May 25, 2015 that the Defendant appointed D as president and E as vice president is null and void.

Basic Facts

The defendant is a management body comprised of sectional owners in Gangdong-gu Seoul Metropolitan Government F building (hereinafter referred to as the “instant building”).

On May 6, 2015, the Defendant publicly announced the registration of candidates for the sixth chairperson, representatives by floor, and auditors (hereinafter “instant public announcement”) to be held at the meeting of the management body on May 25, 2015. The quorum of the meeting is 107 sectional owners (at least 1/3 of the total sectional owners) notwithstanding Article 29 of the management rules (at least a majority of the sectional owners), and the appointment of the manager, i.e., the manager, the president, notwithstanding Article 30(3)1 of the management rules, and the ratification of the appointment should be a majority of the number of persons present at the meeting.

The defendant's 6th chairman/ Vice-chairman election was registered as the candidate for the plaintiffs, D, and E as the president/ Vice-President.

According to the public notice of this case, the Defendant held the management body meeting on May 25, 2015 (hereinafter “instant management body meeting”). D, E, E, and the Plaintiffs’ 39 votes, respectively, were elected as the chairperson, and E, as vice-chairperson, at the meeting of the management body in this case.

Meanwhile, according to the meeting minutes of the management body meeting of this case (hereinafter “instant meeting minutes”), the number of participants is indicated as “81 persons, 28 persons representing proxy, 5 persons in advance consent, and 114 persons in total,” and the report on the members of the management body of this case’s meeting as “108 persons present (including five persons in written consent).”

Article 3 (Definition of Terms) 8 of the Management Rules refers to the chairman of the Management Body who performs its duties on behalf of the Management Body by receiving the right of management at the meeting of the Management Body as a person selected pursuant to Article 24 of the Aggregate Buildings Act.

Article 23 (Composition, etc. of Managing Body)

1. The meeting of the management body shall be composed of all sectional owners of the building in this case;

§ 28 (Voting Rights) (1).