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(영문) 서울중앙지방법원 2016.02.04 2015가합17123
정기집회결의부존재확인청구
Text

1. On March 28, 2015, the Defendant’s resolution on the agenda indicated in attached Table 2 List 6, among the resolutions on the regular meeting of the management body, shall be adopted.

Reasons

1. Basic facts

A. The designated parties in the list of the plaintiffs (appointed parties; hereinafter referred to as "the plaintiff") and the designated parties in the list of the designated parties in the annexed list No. 1 are sectional owners of the 8 to 15th ground-based B commercial buildings (the 8 to 3th underground-story parking lots, the 5th underground-story sales facilities, the 6 to 15th underground-story living facilities, cultural facilities, and sports facilities; hereinafter referred to as "instant commercial buildings") located in Gwanak-gu in Seoul Special Metropolitan City, and the defendant is a management body established in accordance with the Act on the Ownership and Management of Aggregate Buildings (hereinafter referred to as the "Aggregate Buildings Act"), and D is a manager who is the defendant's representative.

Temporary: Places from March 28, 2015 ( Saturdays) to 14:00 to 17:00: Persons subject to E: B’s order of meeting of sectional owners (or substitute participants)

4. Resolutions; and

(a) Agenda 1: Settlement of management expenses for the year 2014, and formulation of a budget for management expenses for the year 2015;

(b) Agenda 2: To use the operating expenses of the representative committee in 2014.

(c) Agenda 3: Amendment of the management rules;

(d) Agendas referred to in subparagraph 4: Refund of contributions and construction costs for subway connections;

(e) Agendas referred to in subparagraph 5: Extension of four elevators.

(f) Other agenda items.

B. On December 2014, the Defendant publicly announced the convening of a regular assembly as follows, and held a regular assembly on March 28, 2015 (hereinafter “instant assembly”).

C. According to the Defendant’s “The present state of participants in the instant assembly (No. 17 evidence)”, the sectional owners (27 persons) holding 81 units of the total 669 units of the instant assembly were directly present at the time of the instant assembly, and the sectional owners holding 481 units of the instant assembly submitted a power of attorney regarding the exercise of voting rights at the instant assembly, and the sectional owners holding 12 units of the instant unit were stated as having exercised voting rights by submitting a written consent form.

According to this, the number of shares of the meeting of this case is 574 unit units (85.8% of total 669 unit units) and 884 unit voting rights (total number of 1,000 unit voting rights). D.

The defendant passed a resolution on the agenda in the attached list 2 at the meeting of this case.

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