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(영문) 서울고등법원 2020.11.05 2020나2015476
관리단집회결의무효확인
Text

The judgment of the first instance shall be revoked.

All of the plaintiffs' claims are dismissed.

The total cost of a lawsuit shall be incurred by supplementary participation.

Reasons

1. Basic facts

A. The Defendant is the management body of K Officetel in Gangseo-gu Seoul Metropolitan Government (hereinafter “instant building”), and the Plaintiffs and the Intervenor joining the Defendant (hereinafter “ Intervenor”) are sectional owners of the instant building.

B. On May 23, 2018, the Intervenor filed an application for a provisional disposition suspending the performance of duties with respect to N at the time Seoul Southern District Court 2018Kahap20219 (hereinafter “provisional disposition”), and some of the sectional owners of the instant building, including the Intervenor, of the instant building, appointed N as a manager on August 22, 2018 by Seoul Southern District Court 2018Kahap10951 and filed a lawsuit seeking nullification of the resolution of the inaugural general meeting as of August 10, 2012 and on June 29, 2018.

(hereinafter referred to as “principal case”). (c)

On October 22, 2018, the court of the provisional disposition rendered a decision that “N shall not perform its duties as the representative of the defendant management body until the judgment on the principal lawsuit becomes final and conclusive.”

At the Defendant’s temporary management body meeting held on November 23, 2018 (hereinafter “instant management body meeting”), 178 of the sectional owners of the instant building among 296 square meters (10,74.03 square meters in the area of voting rights) exercised voting rights (15 persons on the site voting, 152 persons in proxy voting, 11 persons in written resolution, and 6,715.49 square meters in the area of voting rights), among which 177 affirmative votes (14 persons in the field of voting, 14 persons in proxy voting, 152 persons in written resolution, 11 persons in the area of exercising voting rights, 6,687.46 square meters in the area of exercising voting rights) were resolved to dismiss N from the manager and appoint an intervenor as the Defendant’s manager (hereinafter “instant resolution”).

E. On March 22, 2019, the Defendant died from a petitioner in a lawsuit on the merits of the case.

F. On July 8, 2019, the Plaintiffs filed an application for provisional disposition of suspending the performance of duties against the Intervenor (Seoul Southern District Court 2019Kahap20276). On August 30, 2019, the said court rendered a decision that “the Intervenor shall not perform his/her duties as the Defendant’s custodian.”

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