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(영문) 수원지방법원안산지원 2016.09.22 2015가합23540
총회결의무효확인 등
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. A building in Ansan-si unit D (hereinafter “instant building”) is a building, the ownership registration of which has been completed on May 17, 2002 by each partitioned building (three units on the underground, the number of 19 units for the first floor, the number of 11 units for the second floor, the number of 3 floors, the number of 10 units for the fourth floor, the number of 10 units for the fifth floor, the number of 10 units for the sixth floor, the number of 10 units for the sixth floor, and the total number of 71 units for the purpose of conducting projects on the management of the building site and its accessory facilities, and is a building, the management body of which has been established as a sectional owner pursuant to Article 23 of the Act on the Ownership and Management of Aggregate Buildings (hereinafter “Aggregate Buildings Act”).

B. On July 6, 2007, the Defendant Association, composed of some of the sectional owners and shop occupants of the instant building, held a general meeting on 32 members present at the meeting, and the first resolution was adopted to appoint Defendant C, a sectional owner of the instant building, as the manager of the Defendant Association, from among the instant buildings with the unanimous consent of all members, to appoint Defendant C, a sectional owner of the instant building, as the manager of the Defendant Association.

C. Of the instant building, Plaintiff B, a sectional owner of 301 to 308 of the third floor among the instant building, convened a temporary management body as the chairperson of the emergency countermeasures. On June 18, 2015, the general assembly was held on June 18, 2015, and six persons’ consent (the consent of 1,735m2 among 6,374m2 and 1,735m2, a voting share), while seven sectional owners were present, established the management body agreement of Plaintiff A building management body (hereinafter “Plaintiff management body”), and resolved to appoint Plaintiff B as the manager of Plaintiff management body.

On August 2, 2015, Defendant Macyoung held a general meeting on September 2, 2015 on the elevator of the instant building, and posted a notice on September 2, 2015, stating that the president and executive members will be discussed, and on September 2, 2015, a general meeting was held and passed a second resolution to appoint E as the administrator of Defendant Macyoung.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 to 6, and 8 (including each number in case of additional numbers) respectively.

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