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(영문) 서울서부지방법원 2017.08.30 2016가합34724
관리단집회결의 취소 등
Text

1. On July 2, 2016, the decision that the Defendant appointed the Defendant’s Intervenor as the manager at the managing body’s meeting is revoked.

2...

Reasons

1. Facts of recognition;

A. 1) The Plaintiffs are the parties related to the instant case. The Plaintiffs are A apartment in Yongsan-gu Seoul Metropolitan Government (hereinafter “instant apartment”).

(2) The Defendant is the sectional owners of the instant apartment pursuant to the Act on the Ownership and Management of Aggregate Buildings (hereinafter “Aggregate Buildings Act”). The number of sectional owners is the total number of 119 co-owners of the instant apartment (one hundred and one hundred and one hundred and one hundred and one hundred and one hundred and one hundred and one hundred and one and one hundred and one and one hundred and one and one and one and one and one and one and one of the instant apartment buildings are owned by D. The apartment of this case is a total of 119 co-owners (one and one of the co-owners shall be calculated as one co-owner if the section of exclusive ownership of one household belongs

[2] It is a management body established automatically by its members.

3) The Intervenor joining the Defendant (hereinafter “ Intervenor”)

B) The instant apartment management body meeting is the E’s spouse, the owner of No. 104, the fourth apartment. B. The instant apartment management body meeting was convened by the management body meeting until 2015, or the management body rules were enacted or the manager was appointed. On March 25, 2016, the Intervenor requested the convocation of the management body meeting, including the following items, against the Plaintiff F, the representative of the council of occupants’ representatives of the instant apartment (hereinafter “council of occupants’ representatives”) on the ground that 24 or more persons were proposed by the owner of the instant apartment, on the ground that:

[No matter of subparagraph 1] The case of the establishment of an aggregate building management committee and the appointment of a temporary manager [No matter of subparagraph 2] the case of the dissolution of a similar tenant representative association [no matter of subparagraph 3] the case of gathering opinions from sectional owners of apartment management following the establishment of the management committee [no matter of subparagraph 4] the case of the establishment of the management committee [no matter of subparagraph 5] the case of the establishment of the apartment management rules of this case [no matter of subparagraph 6] the case of the case of the request for information inspection (total) and the case of the execution of external audit [no matter of subparagraph 7].

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