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(영문) 의정부지방법원 2015.12.04 2015가합2406
회장선출결의 등 무효확인
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. The Defendant management body is a non-corporate group established for the purpose of implementing projects on the management of buildings, sites, and appurtenant facilities of the building A and B, an aggregate building in the old city E and F (hereinafter “instant aggregate building”).

The plaintiff is the owner of Adong 114 among the aggregate buildings in this case, and the defendant B is the co-owner of Adong 102.

B. Defendant management body publicly announced that “The executives of Defendant management body shall be elected by means of field voting by the sectional owners of the instant condominium building,” and that “the registration of a candidate for appointment of a representative (the president) from December 3, 2013 to December 17, 2013,” to the sectional owners of the instant condominium building.

C. Thereafter, on December 21, 2013, Defendant management body held a general meeting of 42 persons (2,929.5 square meters out of total area 3,249.7 square meters) among the 44 persons holding the instant aggregate building, among which the 44 persons holding a sectional ownership of the instant aggregate building, and decided to elect G and H as the chairperson of Defendant management body with the Plaintiff, the general secretary, the auditor, and the auditor (hereinafter “instant resolution”).

On November 1, 2014, Defendant management body entered into an entrustment management agreement with Defendant D on the instant condominium (hereinafter “instant management agreement”) and made a resolution with Defendant D on March 17, 2015 to convert I operated by Defendant D into the controlled entity of the instant condominium building.

E. The main contents of the management rules of the instant condominium are as follows.

Article 4 (Composition) This management body consists of all sectional owners who own the C Building.

Article 6 (Rights and Duties of Sectional Owners) A sectional owner shall have the following rights and duties:

3.The rights and obligations under Article 7 (Succession to Rights and Obligations) of the Voting Rights on the agenda presented to the Assembly of the Managing Body shall be automatically succeeded to a person who succeeds to the status of the owner due to a change in ownership on the register.

Article 22 (Organization of Meetings)

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

except that;

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