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(영문) 인천지방법원 2017.08.10 2016가합56898
관리단집회 결의 무효확인 등
Text

1. Of the Plaintiff A corporation’s lawsuit and the Plaintiff B and C’s lawsuit, the Defendant’s claim for the cancellation of the resolution of the management body meeting on July 31, 2016.

Reasons

Basic Facts

Plaintiff B and C are sectional owners of “D”, an aggregate building located in Bupyeong-gu, Incheon (hereinafter “instant building”), and the Defendant is a management body comprised of sectional owners of the instant building pursuant to Article 23(1) of the Act on Ownership and Management of Condominium Buildings (hereinafter “Building Act”).

Plaintiff

A Co., Ltd. is a company that has been managing the instant building from July 24, 2015.

On July 31, 2016, the temporary defendant of the management body meeting held a temporary management body meeting on July 31, 2016 and adopted a resolution as shown in attached Table 1 as to the following agenda items (hereinafter “each agenda of this case”).

(2) On March 31, 2017, the Defendant again held a management body meeting on March 31, 2017 (hereinafter “the second meeting of this case”) with respect to each item of this case (hereinafter “the second meeting of this case”) as indicated in attached Table 2, the appointment of executive officers 2, the termination of the existing management company’s treatment 3, the termination of the contract, the Plaintiffs’ filing the instant lawsuit reduction of management expenses under subparagraph 4 of the new company’s selection, and the Plaintiffs’ filing the instant lawsuit on March 31, 2017.

The second meeting of this case was signed by 36 sectional owners including F (24.16%) as the convening authority, and was sent by mail and announced at the address of all sectional owners and the address of all sectional owners at least one week prior to the meeting, and the notice of convening a meeting was sent by mail and announced at the address of all sectional owners and the address of all sectional owners, and the letter of convening a meeting was sealed with the power of delegation stating that "if the power of delegation was prepared, the power of delegation shall be considered as a written resolution in the exercise of their voting rights.

On the other hand, the minutes of the second assembly of this case are 17 members present among the 149 sectional owners of the building of this case and voting rights by proxy.

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