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(영문) 청주지방법원 2017.11.03 2016가합22919
관리단집회 결의취소 청구의 소
Text

1. On August 31, 2016, the Defendant adopted a resolution as to the agenda items stated in the separate list at the temporary management body meeting.

Reasons

1. Under Article 23(1) of the Act on the Ownership and Management of Aggregate Buildings (hereinafter “the Act”), the Defendant is a management body comprised of sectional owners of “A” (hereinafter “the instant building”), which is an aggregate building located in B in Yeong-gu, Goju-si pursuant to Article 23(1) of the Act on the Ownership and Management of Aggregate Buildings.

The Plaintiffs are sectional owners of the instant building.

② From February 2016 to August 2016, C Co., Ltd. (hereinafter “C”) of the instant building, 499 co-owners of the instant building from February 2, 2016, who were delegated the authority, such as the request for convening a management body meeting, receipt of the notice of convening a management body meeting, and exercise of voting rights at the management body meeting.

③ On August 31, 2016, the Defendant held a temporary management body meeting (hereinafter “instant management body meeting”) and passed a resolution on the agenda indicated in the attached list (hereinafter “instant resolution”).

④ The minutes of the management body meeting of this case state that “503 of the total sectional owners, among 663 persons, 503 of the total number of sectional owners, and each section of exclusive ownership, which is the voting rights of the sectional owners. 27,162.8 square meters of 27,162.8 square meters (7.6%) were present. The Chairman (D) declares the closure of the meeting upon the completion of deliberation on all the agenda items.”

The Speaker shall be 7.4% of the total area of 500 sectional owners and 21.025.1 square meters in each of the voting results at the management body meeting of the instant case.

The consent was declared to have been approved as the original document.

(5) Details related to the Aggregate Buildings Act shall be as stated in attached statutes.

【Ground for Recognition: Each entry of the facts without dispute, Gap evidence 1-2, 4 through 8, 10 through 25, Gap evidence 2, 6, Eul evidence, Eul 3, 4, 5, 8 (including all branch numbers; hereinafter the same shall apply), and the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's resolution of this case is defective in violating the convening procedure of the management body meeting as follows and the resolution method short of the quorum.

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