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(영문) 서울고등법원 2019.10.11 2018나2068026
관리단총회결의취소
Text

1. The plaintiffs' appeal is dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Purport of claim and appeal

1..

Reasons

1. The reasons why the court should explain this case are modified as stated in Paragraph 2, and the reasons why the plaintiffs are emphasized by this court are the same as the entry of the reasons for the decision of the court of the first instance (except for the part 5. conclusion) (except for the part excluding the reasoning of the decision of the court of the first instance) except for the assertion that the plaintiffs are emphasized by this court as stated in Paragraph 3, thereby

2. On the 6th page of the first instance judgment, the amendment of the reasons for the first instance judgment “2007” shall be added to “207.”

In Part 7 of the judgment of the first instance court, "a resolution has been made" in Part 9 of the judgment of the first instance is understood as "a resolution has been made".

In December 13, 2017, the resolution of December 13, 2017 on the 8th decision of the court of first instance on the 10th to 18th decision is as follows:

3. Additional determination as to the plaintiffs' assertion emphasized by this court

A. Of the gist of the Plaintiffs’ assertion on December 13, 2017, the “case of enactment of the Regulations of the Managing Body No. 1” in the Resolution of December 13, 2017 should be revoked since it did not meet the quorum.

B. A lawsuit for the formation of a legal relationship for the purpose of changing or forming a judgment may be brought only where there is a express provision in the law (see, e.g., Supreme Court Decision 2000Da45020, Jan. 16, 2001). The instant lawsuit constitutes a lawsuit seeking the revocation of a resolution that exists, and is allowed only based on the statutory provisions.

On the other hand, Article 42-2 of the Act on the Ownership and Management of Aggregate Buildings (hereinafter “Aggregate Buildings Act”) provides that a sectional owner may file a lawsuit for revocation of a resolution within six months from the date he/she becomes aware of the resolution at an assembly in any of the following cases, and within one year from the date of resolution at an assembly, and that the procedure or method of convening an assembly due to any of the reasons under subparagraphs

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