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(영문) 서울중앙지방법원 2019.05.02 2018가합7141
관리단집회 결의 무효 확인의소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendant is a management body established automatically pursuant to the Act on Ownership and Management of Condominium Buildings (hereinafter “Aggregate Buildings Act”) for the purpose of implementing the business of management of B commercial buildings (hereinafter “instant commercial buildings”) located in Dongjak-gu Seoul Metropolitan Government, and the Plaintiff is a sectional owner under subparagraph 4 of the instant commercial buildings.

B. The Plaintiff died on September 22, 2017, when the E, who was working as a custodian with the title called the prosperity president of the instant commercial building, was in de facto management activities, such as the imposition of management expenses for the instant commercial building, while the Plaintiff himself/herself “acting as the president of the commercial building.”

C. On January 2018, 13 of the sectional owners of the instant commercial building: (a) pursuant to Article 33(4) of the Multi-Family Building Act, the instant commercial building constitutes a case where there is no manager; (b) pursuant to Article 33(4) of the Multi-Family Building Act, the instant commercial building is called a temporary management body for the purpose of “the appointment of a new manager of the instant commercial building; (c) the organization and report of a new management committee; (d) all acts for building a management system by a new management manager; and (e) the determination of whether to entrust a specialized management system; (v) the relevant station and service fees, etc. shall be delegated to the new management body; (v) the formulation and implementation of measures for normalization of commercial buildings; and (vii) the comprehensive acquisition of management, such as the management ledger

In the temporary management body meeting of the instant shopping mall held on January 27, 2018, 222 of the sectional owners of the instant shopping mall attended by 22 persons (5 persons, 4 persons, 13 persons, and 13 power of attorney) from among the sectional owners of the instant shopping mall and adopted a resolution on the matters set forth in the procedures for convening the temporary management body (hereinafter referred to as the “resolution of this case”) such as appointing H, I as managing members, J, and K as auditors, respectively.

E. 22 sectional owners who agreed to the resolution of this case.

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