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(영문) 인천지방법원 2015.10.08 2014가합11952
관리단집회 결의취소
Text

1. The resolution that the Defendant appointed G at the extraordinary management body meeting on July 29, 2014 as the manager shall be revoked.

2...

Reasons

1. Basic facts

A. The plaintiffs are the co-owners of the F commercial building located in the Namdong-gu Incheon Metropolitan City H (hereinafter "the instant commercial building"), and the defendant is the management body comprised of sectional owners of the instant commercial building according to the Act on Ownership and Management of Condominium Buildings (hereinafter "the Aggregate Buildings Act").

B. On February 23, 2012, the Defendant held a temporary management body meeting and passed a resolution to appoint I as a manager. Accordingly, on the ground that the above resolution was unlawful by J, a sectional owner of the instant commercial building, the Incheon District Court filed a lawsuit to nullify the withdrawal of a custodian against the Defendant and I as the Incheon District Court 2013Kahap6106, Incheon District Court 2013. 2) In the case of the provisional disposition for the suspension of the said execution of duties, the court decided on September 17, 2012 that “the suspension of the execution of duties as the representative of the I management body until the judgment on the merits becomes final,” and on October 10, 2012, that “The appointment of G as the acting representative during the period of suspension of the performance of duties by I shall be deemed to be unlawful.”

3) After that, on May 13, 2013, when the lawsuit on the merits was in progress, I voluntarily resigned from the Defendant’s position. Accordingly, the J withdrawn the lawsuit on the merits and concluded the lawsuit on July 12, 2013. (c) G was in the position of “Defendant’s representative representative director” on July 18, 2014 and on July 21, 2014, by using the position of “the instant appointment resolution and provisional disposition 1), G issued a notice of convening the management body meeting to appoint the representative of the management body to the sectional owners or occupants of the instant commercial building as the agenda for the election of the management body. Accordingly, a resolution was made to appoint G as the manager (hereinafter “instant resolution”).

2 The Plaintiffs are designated as the Incheon District Court 2014Kahap1528 against G on the ground that the instant resolution was unlawful.

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