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(영문) 수원지방법원성남지원 2015.02.10 2014가합4459
관리단총회무효확인
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The following facts may be found either in dispute between the parties or in combination with the whole purport of the pleadings in each entry in Gap evidence Nos. 1 to 3, 7, and Eul evidence No. 1:

Attached Form

A building entered in the list (hereinafter referred to as the “instant commercial building”) is an aggregate building under the Act on Ownership and Management of Condominium Buildings (hereinafter referred to as the “Aggregate Buildings Act”), which is a five-story underground, eight-story sales facilities, sports facilities, and neighborhood living facilities.

B. The area of the instant commercial building’s section for exclusive use is 9,46.01 square meters. The area of the instant commercial building is 9,46.01 square meters; the 1st to 4th above ground and 6th above ground and 8th above ground were registered as one sectional ownership with respect to the entire section for exclusive use on each floor; the 23th below ground and 11th below ground were registered as 7th below ground.

C. Since the completion of the instant commercial building on February 1995, the management body was formed with the name “D” and the Defendant was established as an organization to change the name “B” and operate it around November 2001.

(Registration of incorporation was completed on February 6, 2002). D.

On the other hand, the Defendant held an extraordinary general meeting of the management body on October 30, 2013. Of the sectional owners of the instant commercial building, 24 members present at the meeting and resolved to select C as representative director with the consent of all the participants (hereinafter “the instant resolution”). The share ratio of the area of exclusive ownership owned by the said 24 members was 8,640.81/9,640 of the share ratio of the area of exclusive ownership owned by the said 24 members.

E. Meanwhile, among the Defendant’s management rules, the main contents pertaining to the general assembly, etc. are as follows.

[Rules of the defendant's management body] The qualification of the sectional owner under Article 5 is extinguished when the ownership of the section for exclusive use is acquired, and when it is lost.

Article 17 (1) The voting right shall be exercised in accordance with the ratio of shares provided for in Article 12 of the Aggregate Buildings Act.

(2) If at least two sections for exclusive use are jointly owned, one person shall be appointed to exercise voting rights and the management authority shall be notified of such appointment in advance.

except that.

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