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(영문) 서울동부지방법원 2016.09.02 2015가합102758
관리단집회결의 취소청구 및 무효확인의 소
Text

1. The lawsuit of the Plaintiff C Building Management Body and the agenda mentioned in the attached list 3 through 5 of the Plaintiff B.

Reasons

1. Basic facts

A. 1) The defendant is the Act on the Ownership and Management of Aggregate Buildings (hereinafter referred to as the "Aggregate Buildings Act").

(2) Pursuant to Article 23(1), 7 underground floors and 23 above ground floors located in Songpa-gu Seoul Metropolitan Government E (hereinafter “instant building”).

2) A Co., Ltd. (hereinafter “Plaintiff A”) is an executor who newly built and sold the instant building on or around June 2004, and owns the whole four commercial floors and 14 households of officetels (a total of 18.7% compared to the total exclusively owned area) among the instant buildings.

3) On October 23, 2010, Plaintiff B was appointed as a manager at the Defendant’s provisional management body meeting on December 9, 2014, and was removed from the instant management body on December 9, 2014, and is not a sectional owner of the instant building. 4) The Plaintiff C&A management body of the instant building (hereinafter “Plaintiff management body”) is an organization asserting that Plaintiff B was the lawful management body of the instant building, who was dismissed at the instant management body, as the representative of Plaintiff B.

B. On October 18, 2013, among the sectional owners of the instant building, including D, 107 persons among the sectional owners of the instant building, including D, may request the court to convene an extraordinary management body meeting, the purpose of which is the subject of each of the instant agenda (hereinafter “the instant request for convocation”).

On November 19, 2014, the Court’s decision to permit the call-up of this case (hereinafter “instant decision to permit the call-up”).

2) On November 24, 2014, among the 395 sectional owners, the applicants for permission to convene a meeting including D (hereinafter “D”) issued a notice of convening the general meeting of the instant management body (hereinafter “instant notice of convening a meeting”) to resolve each of the instant agenda items (the agenda item No. 5, which is another agenda, is referred to as “the termination of the management contract with the existing management entity and the appointment of the temporary management entity”) at the place stipulated in Article 34(3) of the Act on the Ownership and Management of Aggregate Buildings, with the exception of five foreign nationality, etc. among the total 395 sectional owners.

3 D. D.

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