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(영문) 서울북부지방법원 2014.07.09 2013가합5255
임시총회 의결 효력 부존재
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The building in Seoul Central-gu C, D, E, and F ground B apartment 102 (hereinafter referred to as the “instant building”) is an apartment complex building consisting of 29 households of apartment (one household of the third floor, the fourth floor, and the fourth floor to the tenth floor above the ground) and two households of commercial buildings (one household of the underground first floor and the second floor) with the third floor below the ground and the tenth floor above the ground.

Defendant B 102, the council of occupants’ representatives (hereinafter referred to as the “Defendant’s representative council”) consists of the occupants or users of the apartment of the instant building, and was paid management expenses by appointing a general meeting and the president to maintain the instant building. The Plaintiff was the president of the Defendant’s representative council before G was elected as the president.

B. On August 28, 2012, 22 of the occupants or users of apartment houses with 29 households of the instant building obtained permission to convene an extraordinary general meeting for the election of the president of the Defendant’s council of occupants’ representatives by Seoul Northern District Court 2012 non-conforming13. Of the instant building, H, who was performing the duties of the president of the Emergency Countermeasure Committee on Apartments of the instant building, announced the convocation of an extraordinary general meeting for the election of the president of the Defendant’s council of occupants’ representatives on August 30, 2012.

C. On September 5, 2012, at an extraordinary meeting of the Defendant’s council of occupants’ representatives opened on September 5, 2012, G, an occupant of the instant building, 602, was elected as the president of the Defendant’s council of occupants’ representatives with the consent of 19, among the occupants or users of 29 households

(hereinafter referred to as the "resolution of this case"). [Grounds for recognition] The fact that there is no dispute, Gap evidence Nos. 1-3, 5-7 (including branch numbers), and the purport of the whole pleadings.

2. The plaintiff's assertion and judgment

A. On September 5, 2012, the Plaintiff’s assertion that the extraordinary general meeting of September 5, 2012, a notice of convocation was given by H, who is not an occupant or user of the apartment building of the instant building, and there is a defect in the convocation procedure in violation of the Housing Act, the management rules of the Defendant’s council of occupants’ representatives, and the rules of the Seoul Special Metropolitan City Housing Management Rules

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