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(영문) 수원지방법원 2016.03.31 2015가합63933
관리단집회결의취소
Text

1. The resolution of the management body meeting held by the Defendant on November 19, 2014 that appointed C as the manager shall be revoked.

2...

Reasons

1. Basic facts

A. The defendant is an organization consisting of sectional owners of the building B in Yongsan-si District District B (hereinafter "the building of this case"), and the plaintiff is a sectional owner of the building of this case 302.

B. The instant building is an aggregate building consisting of 19 sections from the first to the fourth above ground, and 19 sectional owners were sectional owners as of November 19, 2014.

C. On November 19, 2014, some of the sectional owners of the instant building held a management body meeting (hereinafter “instant assembly”) to establish a management body and to select C as the Defendant’s representative (hereinafter “instant resolution”).

[Reasons for Recognition] Facts without dispute, Gap 2-1, Eul 1 and 4, the purport of the whole pleadings

2. The gist of both claims is that the resolution of this case was made at the meeting of this case, which did not meet the convocation procedure requirements under the Act on Ownership and Management of Condominium Buildings (hereinafter “the Aggregate Buildings Act”). Since the quorum for the appointment of a manager under the above Act was not satisfied, a sectional owner under Article 42-2 of the Aggregate Buildings Act may file a lawsuit for revocation of the resolution within six months from the date when he became aware of the resolution of the meeting in any of the following cases, and within one year from the date when the resolution was adopted:

1. Where the procedure or method for convening an assembly violates Acts and subordinate statutes, or the rules or regulations, or is remarkably unfair;

2. pointing out that if the contents of the resolution violate the laws or regulations, the resolution must be revoked.

On the other hand, the defendant requested eight sectional owners to convene the meeting of this case, and at least 15 of the sectional owners of this case agreed to hold the meeting of this case.

In addition, the defendant on November 11, 2014, pursuant to Article 34 (4) of the Multi-Family Building Act, announced the notice of convening the assembly of this case on the first floor of the building of this case, and notified the sectional owner who knows contact information.

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