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(영문) 수원지방법원 2017.02.09 2016가합137
총회무효확인 등
Text

1. The Defendant’s provisional management body meeting on October 15, 2015 confirms that the resolution of election of the representative members of the lake floor is null and void.

2...

Reasons

1. Basic facts

A. The defendant is a management body under the Act on the Ownership and Management of Aggregate Buildings (hereinafter "the Aggregate Buildings Act"), composed of sectional owners of B-commercial buildings located in Heung-gu Seoul Metropolitan City E (hereinafter "the building in this case"), and the plaintiff is a sectional owner under 110 under the ground of the building in this case.

B. C Co., Ltd. (hereinafter “C”) newly constructed the instant building and completed the registration of ownership preservation for the stores in the instant building, and entrusted 30 unsold stores to the C Scco Asset Trust Co., Ltd. (hereinafter “C”), and completed the registration of ownership transfer based on the trust.

C. On October 15, 2015, the Defendant held a temporary management body meeting to elect the representative members by each floor of the instant building (hereinafter “instant management body meeting”). D.

At the meeting of the management body of this case, the plaintiff, F, D, and C were the representative members of the underground floor of the building of this case, and C exercised the right to vote for 30 underground stores owned by the coconc assets trust, and F and D were elected as the representative members of the underground floor of the building of this case.

E. The current status of each basement of the instant building, the entire area by sectional owner, the attendance and voting result of the management body meeting of the instant sectional owner as shown in the attached Table attached hereto, and the contents relating to the instant building management rules are as follows.

Section 4. Approval for appointment and dismissal of the representative members of the management body meeting Article 25(Matters to be Resolved)

1. Voting rights shall be based on the ratio of the total size of each sectional owner's exclusive ownership;

4. If the section for exclusive use belongs to two or more persons, the co-owners shall designate one person to exercise voting rights, and submit it to the Representative Committee via the manager by the day before the meeting; and

Article 27 (Quorum) Meetings shall be held by sectional owners, except as otherwise provided for in the Act or this regulations.

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