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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Basic facts
A. The status of the parties is a management body comprised of sectional owners of Ansan-gu B Officetel (hereinafter “instant building”) in Gyeyang-gu (hereinafter “instant building”), and the Plaintiff was the chairperson of the Defendant before the Defendant passed a resolution at the general meeting of April 11, 2014 (hereinafter “instant general meeting”).
B. The Defendant asserted that the management rules of the instant building do not dispute the validity of the management rules of the instant building through the preparatory brief submitted at the trial on August 26, 2015.
Among the management rules of the building of this case (hereinafter referred to as the “management rules of this case”), the main contents related to this case are as follows:
Article 22: paragraph (1) of the general meeting: A management body shall consist of all sectional owners.
Article 25: A sectional owner may exercise his voting right in writing or by proxy.
(4) Paragraph (4): The person who exercises his voting right on behalf of the sectional owner shall be the husband, wife, lineal ascendant or descendant, or employee of the sectional owner, or the other sectional owners
(5) Paragraph (5): A document evidencing the proxy authority of the agent shall be submitted to the president of the management body by the day before the meeting commences.
Article 26:Meetings and Agenda 1: Meetings of the general meeting shall be held by the sectional owners who have a majority of the total voting rights.
2. Paragraph 2: The intention of assembly shall be decided with the consent of a majority of the voting rights of sectional owners present, and if the number of sectional owners is the same, the Speaker
(4) Paragraph (4): A person who exercises voting rights in writing and by proxy shall be deemed as an owner by division in attendance.
Article 27: Matters to be resolved without a resolution of the general meeting of the management body shall not be resolved on:
(3) Paragraph (5): Appointment and dismissal of the president of the managing body: Article 29: Paragraph (1) such as appointment of the president of the managing body: Appointment or dismissal of the president of the managing body by the resolution of the general meeting of the managing body composed of sectional owners.
2. The chairman of the management body;