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(영문) 서울중앙지방법원 2014.11.27 2014가합25196
선거무효확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendant is a management body under the Act on the Ownership and Management of Aggregate Buildings (hereinafter “Aggregate Buildings Act”) composed of sectional owners of B-building, a primary complex building located in Jung-gu Seoul Metropolitan Government (hereinafter “instant building”).

B. On March 19, 2009, the Plaintiff exercised the authority as a manager of the instant building and suspended his duties by the Seoul Central District Court Order 2009Kahap463 on March 19, 2009, C was appointed as its acting manager. Then C was appointed as the Defendant’s temporary manager on February 14, 201 by the above court Order 201Mohap41.

C. On November 21, 2013, the Plaintiff and C sent out each of them to a manager’s election (hereinafter “instant manager’s election”) held by the Defendant’s temporary management body meeting (hereinafter “instant meeting”). On the other hand, the instant meeting was held by 852 of the total sectional owners or occupants (at least 77.9%, and on the basis of sectional ownership or occupied area, at 26.595.17 square meters in total, 36,05.17 square meters in total, and at 73.8% in total, in total, from 36,050.81 square meters in total, the number of divided ownership or occupied area was 132 persons (at 12.1% and 3,825.39 square meters in total as 10.6% in size). On the other hand, C was elected from 720 persons (based on 65.8% in size and 27.68% in size).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 4, 7, 9, Eul evidence Nos. 1, 5 through 7, and 12 (including branch numbers), the purport of the whole pleadings

2. The resolution to appoint C as a custodian at the meeting of the Plaintiff’s assertion (hereinafter “instant resolution”) is null and void for the following reasons.

1) As to the power of attorney, C has the power of attorney to exercise its voting rights from the sectional owners or occupants of the building of this case (hereinafter referred to as “the power of attorney of this case”).

Among them, the delegations other than E, F, G, and H shall have a copy of identification card.

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