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(영문) 인천지방법원부천지원 2019.05.03 2018가합104954
대표위원회결의 무효확인 등
Text

1. The decision that the defendant suspended the plaintiffs' representative member's duties at the representative committee of May 10, 2018 is null and void.

Reasons

1. Facts of recognition;

A. The Defendant is a management body comprised of all sectional owners of the D Condominium (hereinafter “instant building”) in Bupyeong-si, Bupyeong-si, a management body consisting of all sectional owners.

In addition, the plaintiffs, elected around April 2018, are the representative members of the defendant's building area of this case (term of office: from May 1, 2018 to April 30, 2019) by the defendant's building area of this case, and the plaintiff A is the representative member of the fifth floor communication area of this case, and the plaintiff B is the representative member of the sixth floor of the building of this case.

B. The defendant has a representative committee composed of representative members as an organization to deliberate and decide on important matters concerning business affairs.

Article 37 of the defendant's rules provides the functions of the representative committee as follows:

Article 37 (Functions of Representative Committee) The Representative Committee shall determine or deal with the following matters:

1. Matters concerning agenda items to be referred to the general meeting;

2. Determination of basic policies on the D building management affairs;

3. Deliberation on and approval of budgets and settlement of accounts, such as management expenses;

4. Determination of fees for entrustment of administration to the custodian;

5. Matters concerning the enactment, amendment and repeal of regulations necessary for the management of buildings;

6. Matters delegated to the representative committee by general meetings;

7. Other matters necessary for the management of buildings and matters concerning joint business activities.

8. Matters concerning the change and adjustment of the purpose of use by floor for revitalization of the business district of D buildings according to a resolution of the entire representative committee;

C. The Defendant, on May 10, 2018, held a regular representative committee. At the above meeting, the issues pertaining to the suspension of the Plaintiffs’ representative member’s duties were presented as an agenda, and the above agenda was passed through the voting of the representative committee members (which refers to the resolution of this case) (which refers to the resolution of this case) through the voting of the representative committee members.

Accordingly, the plaintiffs asserted that the resolution of this case is null and void, and at the same time filed the lawsuit against the defendant on November 30, 2018 and applied for a provisional disposition to suspend the validity of the resolution of the representative committee, the defendant terminates the suspension of the plaintiffs' representative committee member's duties on the same day at the regular representative committee held on February 11, 2019.

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