Text
1. The judgment of the court of first instance is modified as follows.
C Defendant
2. It is the same person as C.
The defendant.
Reasons
1. Basic facts
A. The Plaintiff is a managing body under the Act on the Ownership and Management of Aggregate Buildings (hereinafter “Act on the Ownership and Management of Aggregate Buildings”) composed of a total of 23 buildings and steel distribution commercial buildings (the title of a building: B; hereinafter “instant building”) E and F, which consists of sectional owners of the instant building, on the ground of the land outside D and two parcels, and the Defendant managing body is a managing body under the Act on the Ownership and Management of Aggregate Buildings, which consisting of sectional owners
B. On December 2015, some of the sectional owners of the instant building, including the Plaintiff, constituted the “Non-Committee on Countermeasures against the Non-Committee on the Management of the instant Building” with the aim of correcting the wrong management status of the instant building. From February 2016 to hold the general meeting of the management body, a written consent to convene the general meeting of the management body and a power of attorney was issued from the sectional owners of the instant building.
1) Date and time of convening a general meeting of the managing body: (1) Agenda: (2) Appointment of a custodian, auditor and managing member; (3) Revision of the management rules; (4) Persons subject to attendance at the meeting: Persons entitled to exercise voting rights; (5) Persons entitled to exercise voting rights;
3. The method of exercising voting rights: ① the method of exercising voting rights; ① the attendance of his/her identification card on the day of a general meeting by direct means of exercising voting rights; ③ the person who is to delegate his/her voting rights by proxy with his/her official seal affixed thereon; and ③ the person is designated to delegate his/her voting rights in the enclosed proxy form; and then by mail or by means of presenting a letter of proxy prepared to the proxy;
5. A person who obtains consent of at least 3/4 of sectional owners pursuant to Article 15 (2) of the Management Rules to determine the elected persons;
6. Public announcement of elected persons on August 31, 2016.
Around July 18, 2016, Defendant management body sent the following information to the sectional owners of the instant building:
The delegation of voting rights enclosed with the above Convocation guide shall be as follows: