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(영문) 수원지방법원안양지원 2014.12.19 2014가합3936
총회결의무효확인
Text

1. On April 11, 2014, the Defendant confirms that a resolution in which C was appointed by the General Assembly as the president is invalid.

2. The costs of lawsuit shall be.

Reasons

1. The judgment on the cause of the claim is a management body consisting of sectional owners in Ansan-gu Btel (hereinafter “instant building”). The Plaintiff was the representative of the Defendant prior to the Defendant’s resolution by the general meeting of April 11, 2014. According to the general meeting minutes of April 11, 2014 held by the Defendant, a resolution was made to appoint C as the chairperson (hereinafter “instant resolution”) among the 50 sectional owners of the instant building, including the 20 persons directly attending the 13 persons who exercise voting rights by document among the 50 sectional owners of the instant building. Article 26(1) of the management rules provides that “The general meeting of the general meeting shall be held by the sectional owners having the majority of the total number of voting rights,” or it may be recognized by comprehensively taking account of the following: (i) there is no dispute between the parties, and (ii) evidence No. 1 and evidence No. 3-1.

According to the above facts of recognition, even according to the defendant's minutes, the resolution of this case was made without meeting the valid quorum set forth in the defendant management rules, so there is no validity of the above resolution.

(2) As long as the invalidity of the resolution of this case is confirmed, the defendant's assertion against the above resolution of this case is without further determination as to the plaintiff's remaining defects. 2. The defendant's assertion against the defendant is difficult to obtain a quorum for the resolution of the general meeting from the time of composition, even if the number of sectional owners and sectional owners who submitted a written resolution with the unanimous consent of all sectional owners present at the general meeting, falls short of the quorum for the resolution stipulated in the defendant's management rules, the above sectional owners are deemed valid. The resolution of the plaintiff's representative and the resolution of this case made at the general meeting convened by the plaintiff was made in

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