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(영문) 서울고등법원 2015.01.16 2014나32887
입주자대표회의의결무효확인
Text

1. The plaintiff's appeal is dismissed.

2. On the basis of the preliminary claim added at the trial, the Defendant dated June 4, 2013.

Reasons

1. Basic facts

A. The Defendant is an autonomous management organization that consists of the occupants, etc. to manage B apartment units consisting of a total of 2,416 households located in Gyeyang-gu G (hereinafter “instant apartment”).

On March 12, 2013, the Plaintiff was elected as the president of the Defendant’s representative through a direct vote by the occupant of the instant apartment.

B. On May 16, 2013, the Defendant’s representative of the instant apartment building (only 12 representatives are elected among the total 14 representatives by Dong), who are the Defendant’s constituent members, demanded the Plaintiff to convene an extraordinary meeting of the Defendant, which is the Plaintiff’s “Dismissal (Release from position)” and the “final decision on the management rules,” etc.

C. However, on May 18, 2013, the Plaintiff convened a special meeting on May 23, 2013, excluding the agenda for removal from position against the Plaintiff on May 18, 2013. As the above special meeting was not held due to the failure to meet the quorum, the Plaintiff again convened a special meeting on May 27, 2013 for the same agenda on May 24, 2013.

Accordingly, on May 27, 2013, C, an extended director of the Defendant, issued a notice of convening an extraordinary meeting against the representatives of the instant apartment buildings on the following grounds: (a) on June 4, 2013, pursuant to Article 51(2) of the Enforcement Decree of the Housing Act and Article 19(3) of the Rules on the Management of Apartment Buildings, C, an extended member of the Defendant’s directors, shall hold a special meeting for the purpose of the meeting, such as the case of the representative chairperson (the removal from position).

E. On June 4, 2013, at the special meeting held around 19:00, eight of the 12 representatives of each Dong were present. At the above special meeting, “the consent of all the participants was not presented to the regular meeting proposed by the representative of each Dong”, “the consent of all the participants was made by the plaintiff,” arbitrarily destroyed or damaged trees, which are public facilities, by performing transplant cell electric utility, and without going through the resolution of the council of occupants’ representatives, the stairs repair work is being carried out.

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