(영문) 서울서부지방법원 2020.01.22 2019가합33630

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Reasons

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(영문) 서울서부지방법원 2020.01.22 2019가합33630

관리규약무효확인

Text

1. All of the instant lawsuits are dismissed.

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

Reasons

1. Basic facts

A. The status of the parties is divided into the entire first floor (C-D) of Mapo-gu Seoul Metropolitan Government Building B (hereinafter “instant building”). The defendant is a management body comprised of the sectional owners of the instant building and the instant commercial buildings (3-18th floor) and the officetels (3-18th floor).

B. Except as otherwise provided by the Act or these regulations, the general meeting of Article 21 (Quorum) of the instant Building Management Rules shall be established with the attendance of not less than 1/4 of both sectional owners and voting rights, and a decision shall be made with a majority vote of both sectional owners and voting rights. When the numbers of votes of approval

Article 22 (Exercise of Voting Rights)

1. The voting rights shall be proportional to the number of sectional owners owned by each of the representatives from one room of the building B at the time of completion;

C. On August 208, part of the sectional owners of the instant building, including the Plaintiff, applied for a provisional disposition of suspending the performance of duties on the grounds that the election of the auditor and the operating committee was null and void due to the violation of the management rules. As a result, on January 15, 2009, the acting director of the management committee of the instant building was appointed by the court on January 15, 2009 (the president had already resigned).

(2) Although the above acting representative intended to hold an extraordinary general meeting of the instant building management body and to elect the president and the operating committee members, the said acting representative is deemed difficult to satisfy the quorum under Article 21 of the Building Management Rules and proceed with the written resolution procedure under Article 41 of the Act on Ownership and Management of Condominium Buildings (hereinafter “the Act on Ownership and Management of Condominium Buildings”) in order to revise Articles 21 and 22 of the instant Building Management Rules from the court on October 15, 2009 to the same contents as the attached Form.

[Ground of recognition] dispute.

참조조문

-집합건물의 소유 및 관리에 관한 법률 제41조

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