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(영문) 대법원 2016.09.23 2016다26860
관리비
Text

The judgment of the court below is reversed, and the case is remanded to Busan District Court Panel Division.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. Article 33(4) of the Act on the Ownership and Management of Aggregate Buildings (hereinafter “Aggregate Buildings Act”) provides that “If no manager exists, at least one fifth of the sectional owners may convene a management body meeting. This quorum may be mitigated by regulations.”

In light of the fact that the "sectional owner" is stipulated as "a sectional owner", if one person owns several sections in the aggregate building in calculating the number of sectional owners who can convene a temporary management body meeting prescribed in the above provision, it shall be deemed as one sectional owner.

2. According to the record, it is recognized that three persons, such as E, 11 units possessing five units among the 46 units of the entire sections of the instant aggregate building, and H possessing two units of the F, 2 units of the instant aggregate building, have requested the convocation of an extraordinary general meeting of the management body concerning the instant aggregate building, and accordingly, a resolution was passed to appoint E as the Plaintiff’s representative after holding an extraordinary general meeting, which is an extraordinary management body meeting on December 5, 2014.

In the lower court, first, according to Article 33(4) of the Act on the Ownership and Management of Aggregate Buildings, at least 1/5 of the sectional owners may convene a meeting of the managing body if there is no manager, and only three sectional owners who fall short of 1/5 of the sectional owners convene a meeting of the managing body pursuant to Article 34(1) of the Act on the Ownership and Management of Aggregate Buildings. Second, in order to convene a meeting of the managing body pursuant to Article 34(1), each sectional owner shall be notified of each sectional owner by specifying the purpose of the meeting at least one week prior to the meeting of the managing body meeting. Since the Plaintiff issued a notice of convening a meeting to one of the sectional owners who appointed E as the representative of the Plaintiff, the resolution of the extraordinary meeting of December 5, 2014 is invalid.

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