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1. The Defendant does not have a resolution on the agenda stated in the separate sheet, which was made at an extraordinary general meeting on August 9, 2018.
Reasons
1. Basic facts
A. The plaintiff is a sectional owner of the Suwon-si B, Suwon-si, and the defendant is a management body of the B upper family.
B. Nonparty D was elected as the Defendant’s representative at the Assembly of January 15, 2018, which was held by business operators at the B’s proposal.
As to this, the resolution of the above general meeting is merely that the tenant of the commercial building who did not receive legitimate delegation from the sectional owners and did not meet the quorum, and as D is not a sectional owner of the commercial building, the above resolution of the general meeting and the status of the representative of D continuously raised the problem.
C. Accordingly, the business personnel of B and 41 of the total number 63 of 63 of the lessors proposed a special meeting: (i) the appointment of the president of the special meeting; (ii) the appointment of the representative of the Defendant; and (iii) the election of D who was the former representative of the Defendant and the recognition of the performance of duties; and (iv) on August 9, 2018, the special meeting was held in the presence of B business personnel of B and 42 of the lessors thereof (one person of direct reference, and eleven (one person of written reference).
In the above special meeting, E was the chairman of the special meeting, and C was elected as the defendant's new representative, and a resolution was made to recognize both the election of representatives of D and the execution of their duties.
E. On August 10, 2018, the Defendant: (a) on August 9, 2018, as of August 10, 2018, C was elected as the president at an extraordinary general meeting; (b) was organized by general secretary D, audit E, directors F, G, H, I, J, and K as executive officers of the executive branch.
‘Publically announced the content.’
F. Meanwhile, the main contents of the Defendant’s management rules are as follows.
Article 40 (Election of Operating Committee)
1. The sectional owners shall elect three persons for each floor, two persons for each floor, and two operating members for each floor;
Provided, That the lease-related person may accept the qualifications of the operating committee members upon delegation by the sectional owner, and the delegation provisions shall apply mutatis mutandis.
2. The president of the steering committee shall be a position in which more than a majority of sectional owners attend;