beta
Text
1. A resolution that the Defendant appointed C as the president at the temporary meeting of the management body meeting held on July 18, 2014 is invalid.
2.
Reasons
1. Facts of recognition;
A. The defendant is a managing body established for the purpose of carrying out the management of building B in Changwon City (hereinafter "the instant building") and its site and its accessory facilities pursuant to the Act on the Ownership and Management of Aggregate Buildings (hereinafter "the Aggregate Buildings Act"), and the plaintiff is a sectional owner of 114 among the instant building.
B. Of the instant building, C, one of the sectional owners referred to in 208, was a temporary management body meeting convened to satisfy the management body of the instant building on July 5, 2014, 10, and 15 of the same month. The Defendant held a temporary management body meeting on July 18, 2014 and passed a resolution to elect managing body members, such as the Chairperson. As shown in the attached Table, the above temporary management body meeting held 28 sectional owners or their agents among the 28 sectional owners, and 22 sectional owners, such as the Plaintiff and C, etc. (as stated in the attached Table 3-2, 113-1 D and 113-2 E-2 of the instant building, 23 members were present at the meeting. However, the 113th sectional owners, other than E, jointly divided ownership, and were not divided into 113-1 and 2, and the number of sectional owners present at the meeting of the Plaintiff and the 25th sectional owners was the representative of the instant building.
(No procedure was conducted to confirm the number of voting rights of the sectional owners participating in the resolution at the time). 【No procedure was conducted to confirm the number of voting rights of the sectional owners participating in the resolution at the time of resolution / [based on recognition] Part of the absence of dispute, Gap evidence 2-1, Gap evidence 3, 7, Gap evidence 8-2, Gap evidence 8-2, Eul evidence 10, Eul evidence 3-1, Eul evidence 3-2, Eul evidence 6, Eul evidence 3-3, the overall purport of
2. Determination as to the cause of the claim.