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(영문) 의정부지방법원 고양지원 2018.12.21 2018가합71222
관리단집회 결의 취소
Text

1. On September 13, 2017, the Defendant appointed the Defendant’s Intervenor as the manager and N as the auditor at the management body meeting’s meeting.

Reasons

1. Basic facts

A. The plaintiffs and the defendant joining the defendant (hereinafter "the intervenor") and N are sectional owners of L commercial buildings at the time of Pakistan (hereinafter "the commercial buildings in this case"), and the defendant is the management body of the commercial buildings in this case.

B. On September 13, 2017, the Defendant held a management body meeting and resolved to appoint participants as the president and N as auditors.

(hereinafter referred to as “instant resolution”). C.

The defendant consists of 36 sectional owners in total, and the sum of their sections for exclusive use is 6,974.98 square meters in total.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 10 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. According to Articles 12, 37(1) and 38 of the Act on the Ownership and Management of Aggregate Buildings to determine the cause of the claim, the voting rights of the management body meeting consisting of all sectional owners shall follow the ratio of the size of the portion of exclusive ownership, which is the share of each co-owner, unless otherwise expressly provided by the regulations, and the method of resolution shall be a majority of sectional owners and a majority of voting rights unless otherwise provided by

The facts that the Defendant consists of 36 sectional owners and the total area of his section for exclusive use is 6,974.98 square meters in total are as seen earlier. In full view of the respective entries and arguments in the evidence Nos. 8 and 10, it can be acknowledged that the 20 sectional owners (the total area of the section for exclusive use 3,576.2935 square meters) were present at the time of the instant resolution and 18 sectional owners (the total area of the section for exclusive use 2,605.125 square meters) were approved.

According to the above facts of recognition, the number of sectional owners (18 persons) who approved the resolution of this case shall be the majority of the total number of sectional owners (36 persons), and it is apparent that the total amount of voting rights (2,605.5125 square meters) of those sectional owners (2,605.5125 square meters) falls short of a majority of the total total number of voting rights (6,974.98 square meters), barring any special circumstance. Therefore, the above resolution

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