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(영문) 수원지방법원 안산지원 2018.05.03 2017가합10043
관리단 집회결의무효확인
Text

1. Each resolution adopted by the Defendant on the agenda items Nos. 2 and 3 set forth in the attached Table 15:00 at the managing body’s meeting on August 11, 2017.

Reasons

1. Basic facts

A. C (hereinafter “the instant building”) is an aggregate building under the Act on the Ownership and Management of Aggregate Buildings composed of one underground floor, six above ground floor, a total of 402 sections for exclusive use, a total of 276 sectional owners, and a total of 276 sectional owners in Ansan-si Group D (hereinafter “the Act”), and the Plaintiffs are sectional owners of the instant building.

B. Pursuant to Article 23(1) of the Aggregate Buildings Act, the Defendant was established for the purpose of implementing the management of the building, its site and its accessory facilities by consisting of all sectional owners of the instant building.

C. From the Defendant Assembly convened on August 28, 2016 and held on August 28, 2016, a resolution was made to appoint G as a custodian, F as a management director, E as a general director, H, I, and other members (hereinafter “instant-related resolution”).

Accordingly, some of the sectional owners filed a provisional disposition (this Court 2016Kahap10154) seeking suspension of the performance of duties against G, etc. in this court on the ground that there is a significant defect in the resolution related to this case, and a lawsuit seeking confirmation of invalidity and revocation of the resolution related to this case (this Court 2017Gahap5652).

E. All persons appointed as administrators and management officers in the instant resolution, such as G, F, and E, while each of the above lawsuits is pending, have retired from all the managers and management officers on May 15, 2017.

1. Date: At 3 p.m. on August 11, 2017.

3. Agenda;

(a) Cases of appointing the representative manager of the management body;

(b) The case of appointing executive officers of the management body;

(c) Amendment of the management rules;

5. Methods of exercising voting rights;

(a) Voting rights at an assembly may be exercised either directly by the sectional owner himself or by written or proxy pursuant to Article 38(2) of the Aggregate Buildings Act.

6. Matters of attention at the time of attending an assembly (in the event of non-compliance, the attendance shall be made with due care);

A. 1) In order to proceed with the proceedings, only one of the sectional owners, lessees, and agents is present (each. 1).

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