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The decision to elect C, D, E, F, and G as election management members at the meeting of the management body held by the defendant on December 18, 2019.
Reasons
In fact, pursuant to Article 23(1) of the Act on the Ownership and Management of Aggregate Buildings (hereinafter referred to as the “Aggregate Buildings Act”), the Defendant is a management body established for the purpose of implementing the project on the management of building, its site, and its appurtenant facilities with all sectional owners of B (hereinafter referred to as the “instant building”) as members of the building in Seo-gu, Seo-gu, Gwangju. The Plaintiff (Appointed; hereinafter referred to as the “Plaintiff”) and the designated parties are sectional owners of the instant building.
The instant building consists of a total of 838 households, and the sectional owners of the instant building as of December 18, 2019 are 610 persons.
The area of the entire section for exclusive use of the instant building is 3,589m2.4m2.
On December 18, 2019, the Defendant held a temporary management body meeting to elect election management members. Of the sectional owners of the instant building, 234 members of the sectional owners of the instant building cast a vote in writing, and 238 members, who cast a vote at the site, participated in voting.
The area of the above 238 exclusive ownership is 1,580.868 square meters in total.
At the above management body meeting, a resolution was adopted to select C, D, E, F, G, and I as election management members (hereinafter “instant resolution”).
C = 51 of the 51 voters in writing (voting 354.389 square meters), D obtained 50 of the 50 voters in writing (voting 292.237 square meters), E obtained 52 of the 50 voters in writing and 50 of the 50 voters in writing (voting 317.0297 square meters), F obtained 33 of the 32 voters in writing, one on-site voters and 32 of the 32 voters in writing, and G obtained 51 of the 51 voters in writing (voting 368.537 square meters), and I obtained 14.176 square meters, respectively.
I, on the same day, resigned from the election management members on the ground that the resolution of this case is lawful, such as not meeting the requirements of a majority of the sectional owners and voting rights.
On December 20, 2019, the Plaintiff and the designated parties filed the instant lawsuit seeking the revocation of the instant resolution.
I, among the resolution of this case, resigned.