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(영문) 부산지방법원서부지원 2019.01.17 2018가합287
관리단 총회 결의 무효확인
Text

Among the lawsuit of this case, the part of the claim seeking confirmation that the legitimate management body of the Busan Seo-gu C commercial building is D.

Reasons

1. Facts of recognition;

A. The Plaintiff is a sectional owner of the Busan Seo-gu C commercial building (hereinafter “instant commercial building”).

B. Under the Act on the Ownership and Management of Aggregate Buildings (hereinafter “the Aggregate Buildings Act”), the management body consisting of the sectional owners has existed in the instant commercial building.

C. However, on November 15, 2017, some sectional owners of the instant commercial building, including E and F, held an extraordinary general meeting (hereinafter “instant extraordinary meeting”). From the instant extraordinary meeting, the minutes of the extraordinary meeting were prepared with the following: (a) the resolution on the deprivation and dismissal of the president’s qualification, who is the president of the D Service Association, the existing management body; (b) the resolution adding the reasons for the dismissal of the executives to the existing articles of association; (c) the existing articles of association was amended to the “C management rules”; (d) the resolution that the Plaintiff was formed as the new management body of the instant commercial building; (c) the resolution that the Defendant was formed as the members of the Defendant Management Committee’s emergency countermeasures; and (e) the F

On January 30, 2018, some sectional owners of the instant commercial building, including E and F, held an ordinary general meeting again on January 30, 2018 (hereinafter “instant ordinary meeting”). At the instant ordinary meeting, the minutes of the ordinary general meeting were prepared with the purport that the Defendant was appointed as the managing body of the instant commercial building and the E was elected as the chairperson and that the F, etc. was adopted as managing members.

E. Meanwhile, around January 2018, E registered the Defendant as a non-profit corporation with the Seosan Tax Office as a non-profit corporation and was issued by Seosan Tax Office on January 26, 2018 a certificate of identification number stated in B: B management body, representative’s name: E.

F. Of the articles of association of the D Service Association and the Aggregate Buildings Act, the parts relating to this case are as shown in the attached Form.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 4 (including branch numbers if there are serial numbers; hereinafter the same shall apply), Eul evidence Nos. 1, 2, 4, 5, and 6, and the purport of the whole pleadings.

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