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(영문) 서울고등법원 2018.11.02 2018나2025012
관리단 집회결의무효확인
Text

1. The judgment of the court of first instance is modified as follows.

The attached list prepared by the defendant at the management body meeting on August 11, 2017.

Reasons

Basic Facts

The court's explanation on this part is based on the main text of Article 420 of the Civil Procedure Act, since the reasoning of the judgment of the court of first instance is identical to the corresponding part of the reasoning of the judgment of the court of first instance except for the following changes:

j. As to the agenda item No. 3 of the separate list No. 3, the J declared that the result of the voting was passed as above, that “if the number of votes obtained later by a separate written resolution in the table supporting the amendment is below the quorum, the resolution would have been passed if the quorum reaches the quorum,” and that the resolution was passed.

(k) The management rules of the instant building (hereinafter “instant management rules”) include the following:

Article 2 (Purpose) The purpose of this Code is to promote common interests of sectional owners located in the building of this case and to protect occupants and users and to maintain order in communal living by prescribing matters necessary for the management and use of aggregate buildings.

Article 5 (Composition) Managing Body shall be composed of sectional owners who have ownership in the building of this case.

1. The council of occupants' representatives and the manager shall be assigned to the building of this case to achieve the purpose under Article 2;

No. 15 (Composition of Assembly)

1. The meeting of the management body shall be composed of the sectional owners of the building in this case;

Article 18 (Chairperson) The chairperson of the management body meeting shall be the chairperson of the council of occupants' representatives.

Article 19 (Matters for Decision)

1.The following matters shall be decided by the management body:

(1) Establishment, amendment, or repeal of the regulations, (2) Establishment, amendment, or improvement of the section for common use. (3) Measures against the violator of the duty, (4) Other matters presented at the meeting.

3. A sectional owner who wishes to exercise his/her voting right in writing shall submit to the manager a written statement clearly indicating the matters concerning the objectives of the meeting.

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