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(영문) 인천지방법원 2016.06.28 2016가합50807
관리단집회 결의무효확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The defendant is a management body under the Act on Ownership and Management of Condominium Buildings (hereinafter "the Act") composed of all sectional owners of the Seo-gu Incheon Metropolitan City (hereinafter "the building in this case"), and the plaintiff is the owner of the building in this case and the seller of the building in this case.

B. As of July 16, 2014, the instant building consisting of 108 units and 52 sectional owners as of July 16, 2014, and the total amount of electric utility was 12,262.796 square meters, among which the Plaintiff owned 44 units (5,720.902 square meters of the electric utility area, and 46.65251 percent of the total amount of electric oil).

C. On October 2010, the Plaintiff completed the instant building and carried out the sales business, and requested the future IMA Co., Ltd. (hereinafter “MMA”) to manage the instant building.

Future EM notified that the occupancy ratio of the building in this case was 80% to the divided owners of the building in this case, and held a management body meeting on June 1, 2012 for the enactment of the management body regulations and the appointment of executive officers.

At the above management body meeting, six sectional owners, including the Plaintiff, attended a resolution to appoint B as a manager (hereinafter “resolution of June 1, 2012”). D.

On May 16, 2014, the Plaintiff notified the sectional owners of the service contract with future EMian as of May 31, 2014.

On May 29, 2014, B, represented by the Defendant, announced that the controlled entity of the instant building would be changed to the Korea Housing Management Co., Ltd. (hereinafter “Korea Housing Management”). On July 2014, the Plaintiff entered into a service contract for the management of the instant building with the Undo Co., Ltd. (hereinafter “Korea Housing Management”).

E. On July 16, 2014, the Defendant’s assembly at the managing body’s meeting (hereinafter “instant assembly”).

(2) Of the 52 sectional owners of the instant building, 48 persons among the 52 sectional owners of the instant building (12,262.796 square meters among the 6,262.618 square meters of voting rights) attend the meeting and 47 persons among them (6,160 square meters of voting rights).

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