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(영문) 의정부지방법원 2019.05.17 2018가합54453
관리인지위부존재확인
Text

1. Ascertainment that J is not the defendant's custodian.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Basic facts

A. The plaintiffs are sectional owners of the I building at the Namyang-si, Namyang-si (hereinafter "I building"), and the defendant is the management body of the I building at the above I building.

B. On January 13, 2015, the Defendant: (a) appointed the J as the administrator at the meeting of the management body; (b) held a management body meeting on April 19, 2017 and made a resolution to re-consign the saidJ (hereinafter “resolution on April 19, 2017”); (c) held a temporary management body meeting on May 11, 2018 (hereinafter “instant meeting”); and (d) adopted a resolution to re-consign the management body’s meeting (hereinafter “the instant resolution”).

(c) At the time of the assembly of this case, the resolution of this case was made in such a way as to declare that the voting rights of all 37 sectional owners who submitted delegations and a letter of voting rights regarding the above agenda that J re-constition of the principal as a custodian meet the quorum and the above agenda was resolved. [The grounds for recognition] The resolution of this case was not disputed, Gap Nos. 1, 2 and 3 (a serial number is included; hereinafter the same shall apply).

each entry, the purport of the whole pleading

2. The plaintiffs' assertion

A. On April 19, 2017, a resolution of April 2017, which re-consigns the J, has no effect as it unilaterally resolves that the J re-consigns itself as a custodian, and the resolution of this case was made to appoint the J as a custodian.

However, at the time of the assembly of this case, J declared that the resolution of this case was made by the 37 persons who submitted the letter of delegation and the letter of exercise of voting rights with the consent of their appointment. ① The above 37 persons holding voting rights did not satisfy the quorum, ② the power of delegation and exercise of voting rights under the name of Plaintiffs A, B, C, and K among voting rights, were forged, and the power of delegation and exercise of voting rights under the name of L were not violated Article 37(2) of the Aggregate Buildings Act that the right of delegation and exercise of voting rights should be designated among the co-owners, and it is difficult to view them as effective exercise of voting rights

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