(영문) 인천지방법원부천지원 2015.09.25 2014가합10242

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(영문) 인천지방법원부천지원 2015.09.25 2014가합10242

관리인선임결의 무효확인 등

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The parties concerned are the management body comprised of sectional owners of the building on the ground E-building (hereinafter “instant building”) outside the Hancheon-gu, Seocheon-si and seven lots of land. The plaintiff is the sectional owners of the building 1800.

B. On November 21, 2014, the Defendant, at around 19:00, held an assembly to decide on the amendment of the management body rules, appointment of a manager, etc. from the 8th floor F of the instant building (hereinafter “instant assembly”) and passed a resolution to appoint C as the Defendant’s custodian with the consent of 52 sectional owners and 62.22% of voting rights (hereinafter “instant resolution”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2, 3, 11, 12, 13, 14, 15, 16, Eul evidence Nos. 1, 3, 6 through 44 (including the number of branches; hereinafter the same shall apply), witness G's testimony, and the purport of the whole pleadings

2. The plaintiff's assertion

A. According to the procedure defect, even though the total sectional owners of the building of this case were 70 persons, the defendant, in holding the assembly of this case, issued a notice of convening only 67 sectional owners in advance, and the resolution of this case was made on the first floor of the building of this case, unlike the place stated in the notice of convening the meeting of this case, so the resolution of this case is null and void

B. The total area of the entire site of the building of this case, which falls short of the quorum, is 16,853.38 square meters. The certificate Nos. 2 and 3 stated that the resolution of this case was made with the consent of 62.22% of voting rights, but the resolution of this case was made with the consent of 102, 103, 104, 109, 1110, 111, 112 of sectional owners H(10, 1120, 636.74 square meters in total), 401, 402, 403, 403, 801, 801, 802, 805, 805, 102, 103, 100, 104, 101, 110, 1112, 100, 401, 75, 701, 717, 717

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