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(영문) 서울북부지방법원 2018.11.22 2018가합20525
관리단총회 결의 부존재확인 청구
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The status of the party is the aggregate building to which the Act on Ownership and Management of Condominium Buildings (hereinafter “the instant aggregate building”) applies to the status of the party, and the 4th underground floors are composed of mechanical rooms, the 3th underground floors, the 1 to 4th underground floors, the parking lots (24 stores), the commercial buildings (24 stores), and the 5 to 19th underground floors (134 households).

The plaintiffs are sectional owners of the instant aggregate buildings, and the defendant is a management body under the Aggregate Buildings Act composed of sectional owners of the instant aggregate buildings.

B. On July 9, 2012, Plaintiff B, a company selling the instant condominium building, and Plaintiff C, an affiliated company thereof, constituted a group of promoters of the occupants’ conference on July 2, 2012, with some buyers, and publicly announced the enactment of the management rules, the appointment of executives, such as managers, and the appointment of controlled entities, and held an extraordinary general meeting on July 9, 2012. The aforementioned extraordinary meeting held by 22 sectional owners. In the foregoing extraordinary meeting, with the consent of all participants, “voting rights shall be exercised according to the ratio of sectional ownership area regardless of the number of sectional owners and the appointment of executive officers, including managers, shall also be exercised according to the ratio of sectional ownership shares” (hereinafter “instant management rules”).

2) On July 20, 2012, K Co., Ltd. (hereinafter “K”) with respect to the instant aggregate building, on behalf of the Defendant, was established and entered into a contract for the management of the instant aggregate building with the manager upon exercise of voting rights in accordance with the instant management rules at the general meeting.

In June 27, 2017, the contract was continuously renewed and renewed from June 28, 2017 to June 27, 2018.

(c) The F for decision of provisional disposition suspending the performance of duties is part.

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