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(영문) 대전지방법원 2020.11.04 2019가합108279
관리단결의 무효확인 등
Text

1. The instant lawsuit shall be dismissed.

2. The costs of the lawsuit are all the plaintiffs, including the costs incurred by the supplementary participation.

Reasons

1. Basic facts

A. The Plaintiffs are the sectional owners of C commercial buildings located in the Daejeon Seo-gu R (hereinafter “instant commercial buildings”), and the Defendant is an organization whose purpose is the maintenance and repair of the instant commercial buildings and their affiliated facilities, and the imposition and collection of the allowance for repairing maintenance and management expenses.

B. On April 14, 2016, when the sectional owner S of the instant commercial building was elected as the Defendant’s representative, E, etc. filed an application for a provisional disposition of suspending the performance of duties and appointing an acting representative with the Daejeon District Court around May 2017, and the said court dismissed it on August 21, 2017.

(Seoul District Court 2017Kahap50167). E, etc. appealed to the above decision, and the Daejeon High Court decided on February 23, 2018 that the resolution to elect S as the chairperson of the defendant was null and void, and the decision was made on February 23, 2018 to suspend the performance of duties as the chairperson until the judgment to invalidate the above resolution became final and conclusive, and to appoint T as the representative of the defendant's representative during the period of suspension of duties ( Daejeon High Court 2017Ra395), and S filed a reappeal, but it was dismissed on June 7, 2018.

(Supreme Court Decision 2018Ma5280). On the other hand, the Daejeon High Court decided to dismiss T upon the request of T on November 13, 2018, and appoint D as the acting representative of the defendant representative.

C. On March 4, 2019, D’s acting representative of the defendant’s representative is used in combination with the name of “operating committee members” or “operating committee members” under the instant management rules and each floor conference rules.

At the meeting of the management body for election, the date of election of the management members was March 12, 2019, and the date of election of the management members was March 20, 2019, and was publicly announced that the election commission for the election of the management members would be organized.

hereinafter referred to as the "first public notice"

Since then D constituted an election commission by commissioning six election management members. D.

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