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(영문) 수원지방법원안산지원 2016.01.14 2015가합1472
결의무효 확인 및 관리인지위 부존재 확인
Text

1. The instant lawsuit shall be dismissed.

2. The costs of the lawsuit shall be borne by C.

Reasons

1. Basic facts

A. The Plaintiff is a management body established by consisting of all sectional owners of the buildings listed in the attached Table 1 list (hereinafter “A”) pursuant to the Act on Ownership and Management of Condominium Buildings (hereinafter “Act”).

[Attachment 1: 50.40 102 F. 42 x 42.10 G 42.90 x 42.90 x H. 105 x 42.90 x 42.90 106 I, J (1/2 equity) x 149.7 K and L (1/2 equity) x 30.108 K and L (1/2 equity) x 40 x 106 x 40 x 40 5 x 26 x 10 x 46 x 25 x 16 x 40 x 46 x 25 x 40 x 46 x 10 x 46 x 25 x 46 x 10 x 46 x 125 x 16 x 25 x 14.214 x 126 x 15 5 x 5 5 x 163 x 1614.2

B. On May 6, 2008, the Plaintiff passed a resolution to select the Defendant as the manager A with the consent of all sectional owners who own the section of exclusive ownership of 3,542.24m2 among the area of 4,431.35m2 of the entire section of exclusive ownership of A at the temporary management body meeting of 3,542m2.24m2.

The form of attendance of sectional owners who attended the meeting of the management body on May 6, 2008 and approved the resolution, and the section for exclusive use and its size are as listed in the following table:

C. The provisions relevant to the instant case in the Aggregate Buildings Act and the A Management Rules are as follows:

Article 12 (Co-owner's Share Right) 1.

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