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1. As to the management rules set forth in E-2014, which the Defendant proceeds as a written resolution procedure from December 20, 2013 to March 31, 2014.
Reasons
1. Basic facts
A. The Plaintiffs are sectional owners of the Seo-gu Seoul Western F Building (hereinafter “instant condominium”), and the Defendant is an organization comprised of sectional owners for the purpose of managing the instant condominium building.
B. Around 2003, the Defendant enacted the management rules (hereinafter “the 2003 rules”), and added up the above rules to the E-20810-1 management rules (hereinafter “the 2008 Rules”), from June 6, 2009 to October 2009, the Defendant signed the written consent of 144 of the sectional owners at the time of the instant condominium building with the signature of 81.22% of their voting rights among the 153 sectional owners at the time of the instant condominium building.
C. The defendant shall be deemed to have adopted a resolution at the managing body's meeting with respect to the matters determined to be resolved at the managing body's meeting in accordance with this Act or regulations under Articles 41 (1) and 41 (1) of the former Act on the Ownership and Management of Aggregate Buildings (amended by Act No. 10204, Mar. 31, 2010) (1)
However, in cases of Article 15 (1) 2, if the majority of sectional owners and the majority of voting rights agree in writing, it shall be deemed that resolution is adopted at the managing body meeting
In light of the written resolution requirements set forth in the Section 4/5 (not less than sectional owners and voting rights) and the management of the instant aggregate building was conducted. At the time, B and eight other sectional owners filed a lawsuit against the Defendant against Gwangju District Court 2012Gahap52405, which filed a lawsuit against the Defendant for confirmation of existence of the written resolution in 2008 regulations, and was sentenced to a favorable judgment from this Court on June 27, 2013 that the written resolution on the 2008 regulations failed to meet the quorum and thus invalid.
After amending the above 2008 Code, the Defendant made E-2014 management rules (hereinafter “instant management rules”), and made them on December 2013.